Search Results for "implied warranty"

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Supreme Court Partly Allows Manufacturer's Appeal in Airbag Non-Deployment Case. Non-Disclosure of Airbag Deployment Threshold Constitutes Unfair Trade Practice Under Consumer Protection Act, 1986.

The appeal arose from a consumer complaint filed by Shailendra Bhatnagar against Hyundai Motor India Limited regarding non-deployment of airbags in hi...

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Bombay High Court Dismisses Appeal Against Return of Plaint for Lack of Jurisdiction in Suit for Damages Against Foreign Company. Territorial Jurisdiction Determined by Place of Contract and Cause of Action, Not by Place of Performance of Warranty Obligations.

The appellant, Kalyanji Walji Private Ltd., filed a suit for damages against Sortex Limited (a UK company), Maharashtra Hybrid Seeds Co. Ltd. (respond...

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Bombay High Court Partially Sets Aside Arbitral Award in Dealership Dispute Over Supply of Spurious Bearings and Non-Delivery. Court Upholds Termination for Breach of Implied Warranty of Genuineness but Remits Damages for Non-Delivery for Reconsideration.

The judgment concerns cross arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award arisin...

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High Court Dismisses Writ Petition in Income Tax Matter Involving India-China DTAA Interpretation. Petitioner's Claim for NIL Withholding Tax Certificate Rejected Due to Pending Assessments and Previous Tax Determinations Under Section 197 of Income Tax Act, 1961.

The dispute involved a Chinese company, Petitioner, which provided technical services to its Indian subsidiary, Benteler India Private Limited, under ...

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Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

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Bombay High Court Dismisses Appeal Against Foreign Award — Part I of Arbitration Act Inapplicable. Section 34 petition under Arbitration & Conciliation Act, 1996 held not maintainable for foreign award with seat in London.

The appeal arose from an order of a learned single Judge of the Bombay High Court dismissing the appellant's arbitration petition under section 34 of ...