Search Results for "irremediable breach"

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Invocation in Development Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted on grounds of fraud or irretrievable injustice, not mere breach of underlying contract.

The appeal arose from a commercial suit where the appellant, Kryshnajay Developers Pvt. Ltd., sought a temporary injunction to restrain the respondent...

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Supreme Court Dismisses Curative Petition in Arbitration Dispute Over Termination of Concession Agreement — Upholds Arbitral Award Restored by Earlier Judgment. Court Holds That Curative Jurisdiction Under Article 142 Is Not Available to Re-Argue Merits Where No Miscarriage of Justice Is Shown.

The Supreme Court dismissed a curative petition filed by Delhi Metro Rail Corporation (DMRC) against its earlier judgment in Delhi Airport Metro Expre...

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Supreme Court Dismisses Appeal by Stressed Assets Stabilization Fund Against Lease Forfeiture by West Bengal Small Industries Development Corporation. Mortgagee Cannot Claim Rights Superior to Lessee When Lease Has Been Validly Terminated.

The appeal arose from a judgment of the Calcutta High Court which dismissed the appeal of the Stressed Assets Stabilization Fund (SASF) against an ord...

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Bombay High Court Grants Interim Injunction Restraining BCCI from Terminating IPL Franchise Agreement with Deccan Chronicle Holdings Limited. Court Holds Termination Notice Invalid for Not Providing 30-Day Cure Period Under Clause 11.1 of Franchise Agreement.

The petitioner, Deccan Chronicle Holdings Limited (DCHL), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking to r...

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Bombay High Court Adjudicates Enforcement of Foreign Arbitral Award in Joint Venture Dispute. Petition Seeks Enforcement Under Section 48 of Arbitration Act; Allegations Include Breach of JVA and Conflict of Interest.

The petitioner, an Italian company engaged in cable manufacturing, entered into a Joint Venture Agreement dated 19th January 2010 with the respondents...

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Karnataka High Court Hears Regular First Appeal Against Dismissal of Permanent Injunction Suit Over Agricultural Land. Suit Involves Claims of Ownership and Interference by Co-operative Societies and Site Owners Association.

The case originated from a suit for permanent injunction filed by the plaintiff against three defendant societies/associations concerning agricultural...

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High Court Examines Review Petition Against Order Directing Appointment of Teacher; Emphasizes Limited Scope of Review. Management Argued Error Apparent on Record as Teacher Allegedly Not Full-Time and Post Reserved, but Court Recalls Review Not Appeal and Error Must Be Self-Evident.

The review application arose from a writ petition filed by a teacher seeking regularization as Lecturer in English. The High Court had earlier allowed...