Search Results for "latent ambiguity"

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High Court of Bombay Adjudicates Writ Petition Against MMRDA Regarding Levy of Additional Premium on Leasehold Land. Petitioner Assails Demand Notice as Contrary to Lease Agreement and Arbitrary.

The Writ Petition was instituted challenging the Demand Notice dated 9th September 2014 issued by Respondent No.1 – Mumbai Metropolitan Region Devel...

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Bombay High Court Allows Petition for Interest on Delayed Retiral Benefits to Exonerated Employee — Rule 55A(7) of Pension Rules, 1953 Deems Payment Due from Retirement Date, Not Exoneration Date, and Interest Is Payable Without Proving Administrative Lapse.

The petitioner, Narayan Pundalik Pathade, a retired employee of the Municipal Corporation of Greater Mumbai (MCGM), filed a writ petition under Articl...

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Supreme Court Quashes Convictions Under Section 326 IPC Based on Compromise Between Parties. Non-compoundable Offences Can Be Quashed Under Section 482 CrPC When Dispute is Private and Settled, Following Principles from Gian Singh and Laxmi Narayan Cases.

The Supreme Court considered two criminal appeals involving convictions under Section 326 of the Indian Penal Code, 1860, which is a non-compoundable ...

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Supreme Court Upholds International Arbitral Award in Coal Supply Dispute — Damages Awarded for Breach of Contract. Division Bench of Delhi High Court Erred in Setting Aside Majority Award Under Section 37 of Arbitration and Conciliation Act, 1996 as Findings Were Plausible and Not Perverse.

The Supreme Court of India heard an appeal against a Division Bench judgment of the Delhi High Court that had set aside a majority international arbit...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The present second appeal arises out of a suit for declaration of title and permanent injunction filed by the original plaintiff Basavaiah (since dece...

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ARBITRATION PETITION NO.549 OF 2013

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Bombay High Court Partly Allows Arbitration Petitions Challenging Award on Family Settlement MOU — Upholds Arbitrator's Findings on Interpretation of MOU Clauses but Sets Aside Award on Certain Claims as Beyond Scope of Reference.

The judgment arises from two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a sole arbitrator's awa...

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Supreme Court Adjudicates Appeal Against High Court's Order Setting Aside Arbitral Award Under Section 37 of Arbitration and Conciliation Act, 1996. Dispute Involves Interpretation of Contractual Notice Requirement as Condition Precedent and Applicability of Waiver and Estoppel in EPC Contract.

The dispute arose from multiple Engineering, Procurement, and Construction (EPC) agreements between SEPCO Electric Power Construction Corporation (con...