Search Results for "pendente lite interest"

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Search Results for "pendente lite interest"

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Supreme Court

Contractual Bar on Pendente Lite Interest: Strict Construction Required Under Arbitration Act, 1940. Supreme Court Upholds Arbitrator’s Power to Award Interest Unless Expressly Barred in Contract

2 Apr 2025

Arbitration Act1940 Act: Arbitrator has inherent power to award pendente lite interest unless expressly barred by contract (Para 8, 10). Strict Co...

Supreme Court

Supreme Court Dismisses Union of India's Appeal in Arbitration Interest Dispute, Upholding Arbitrator's Award. Contractual Clause Barring Interest on Specific Deposits Does Not Prohibit Arbitrator from Awarding Pendente Lite and Future Interest Under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996.

18 Nov 2021

The dispute originated from a contract between the Union of India and Manraj Enterprises for three work contracts, leading to arbitration. The sole ar...

Supreme Court

Supreme Court Dismisses Appeal of Contractor in Arbitration Dispute Over Interest. Contractual Clauses 50 and 51 of GCC Barred Arbitral Tribunal from Awarding Interest on Delayed Payments Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996.

7 Feb 2019

The dispute arose from a contract awarded to Jaiprakash Associates Ltd. (JAL) by Tehri Hydro Development Corporation India Ltd. (THDC) for execution o...

Supreme Court

Supreme Court Dismisses Contractor's Appeal in Arbitration Case Upholding Contractual Interest Bar. Pendente Lite Interest Denied as Contract Clause Prohibiting Interest on 'Any Moneys Due' is Valid Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996, and Does Not Violate Section 28 of Indian Contract Act, 1872.

4 Oct 2021

The appeal arose from a dispute between a contractor and Bharat Heavy Electricals Limited regarding a construction contract for a boundary wall at a p...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

8 Apr 2011

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...

High Court

Bombay High Court Dismisses Appeals in Property Suit — Upholds Refusal to Strike Out Defence Under Order 8 Rule 10 CPC for Failure to File Written Statement Within 90 Days. The court held that the power to strike out defence is discretionary and not automatic, and that non-disclosure of defence under Order 6A Rule 3 CPC does not justify striking out.

21 Dec 2017

The present appeals arise from a suit filed in 1987 by Behram Nowrosji Gamadia and Jehangir Dhan Mistri (original plaintiffs) against several defendan...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Railway Contract Dispute — Upholds Claims 1 and 4, Sets Aside Claims 5, 7, and 13 for Lack of Evidence and Non-Application of Mind. The court held that the arbitral tribunal failed to apply its mind to contractual provisions and evidence, rendering the award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

6 May 2015

The Union of India (petitioner) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a majority arbitral award...

High Court

Bombay High Court Allows Appeal Against Appointment of Administrator in Testamentary Case — Upholds Right of Son to Challenge Will on Ground of Undue Influence and Suspicious Circumstances. The court held that the propounder of a will must remove all suspicious circumstances, and the appointment of an administrator pendente lite under Section 247 of the Indian Succession Act, 1925, should not be made without considering the caveator's serious objections.

25 Apr 2019

The appeal arises from a testamentary dispute concerning the estate of Amardeep Singh Sujan Singh Chadha (the testator). The testator died on 5th Octo...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Section 34 Petition in Arbitration Dispute Over Bridge Construction. Arbitral Award Upheld as Not Contrary to Public Policy Under Section 34 of Arbitration and Conciliation Act, 1996.

8 Feb 2013

The appellant, Konkan Railway Corporation Limited (owner), entered into a contract with the respondent, M/s. Oriental Construction Company Limited (co...

High Court

Bombay High Court Dismisses Petition Challenging Will Probate in Succession Act Case — No Interference with Concurrent Findings of Fact by Courts Below. The court upheld the validity of a Will executed by an 85-year-old testator, finding that the propounder had dispelled suspicious circumstances by examining attesting witnesses and the scribe under Section 63 of the Indian Succession Act, 1925.

30 Nov -0001

The petitioners, who were the original defendants in a probate proceeding, challenged the grant of probate of a Will executed by the testator, Smt. In...

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