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Bombay High Court Hears Suits for Recovery of Hire-Purchase Instalments Following Default by Hirer. Dispute Centered on Alleged Defects in Centrifugal Casting Machines and Procedural Objections Including Jurisdiction and Joinder of Parties.

The National Small Industries Corporation Ltd., a Government of India undertaking, filed two suits for recovery of amounts due under two hire-purchase...

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Supreme Court Allows Appeal in Arbitration Dispute Over Fermentation Plant Performance Guarantee. Court Restores Arbitral Award for Rs.68.15 Lakhs as Damages for Non-Performing Machinery, Holding That Such Claim Is Separate from Liquidated Damages and Not Barred by Section 74 of the Contract Act.

The dispute arose from an agreement dated 17th November 1992 between Sahakarmaharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. (appellant) and Th...

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Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award in Commercial Dispute Over Defective Machinery. Claim Barred by Limitation as Arbitration Reference Made Beyond Three Years from Cause of Action Under Article 137 of Limitation Act, 1963.

The appellant, M/s. Premlaxmi & Co., placed an order with respondent No.1, Ingersoll Rand (India) Limited, for purchase of portable compressors. Four ...

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Supreme Court Allows Dealer's Appeal in Sales Tax Dispute Over Free Warranty Replacement of Defective Parts. The Court Held That Free Replacement Under Warranty Does Not Constitute a Sale Under Section 4(1) of the Sale of Goods Act, 1930, as Consideration Is Already Included in the Original Sale Price.

The Supreme Court considered a batch of appeals concerning the liability to sales tax on free replacement of defective parts in motor vehicles during ...

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High Court of Karnataka Considers Revision Against Summons for Offence Under Section 92 of Factories Act, 1948 for Alleged Violation of Rule 79-A(b) of Karnataka Factories Rules, 1969. Director Argues Lack of Vicarious Liability and Procedural Flaws, but Full Order Not Available.

The revision petition was filed by a director of Hindustan Coca-Cola Beverages Pvt. Ltd., a company engaged in manufacturing beverages, seeking to qua...

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Bombay High Court Allows Suit for Recovery of Price of Goods Sold and Delivered in Contract for Supply of Hoist. Defendant Liable to Pay Balance Price with Interest for Breach of Contract.

The plaintiffs, New Standard Engg. Co. Ltd., filed a suit against Karnataka Power Corpn. Ltd. for recovery of Rs. 3,08,650/- with interest on Rs. 1,75...

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Karnataka High Court Hears Writ Petition Challenging Criminal Complaint Under Factories Act; Occupier Contends Non-Joinder of Company and Lack of Order Viciate Proceedings Under Section 7A(2)(c) of the Factories Act, 1948.

The petitioner, the occupier of M/s Toyota Kirloskar Motor Private Limited, filed a writ petition under Articles 226 and 227 of the Constitution read ...

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High Court of Bombay Hears Section 34 Petition Challenging Arbitral Award Regarding Liability for Defects in Gas Turbine Generators. Award Deals with Claims for Damages Due to Breakdown and Repair Costs Under a Turnkey Contract.

The dispute arises from a contract between Thermax Limited (Petitioner) and Rashtriya Chemicals & Fertilizers Ltd. (Respondent) for the turnkey instal...

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...