Search Results for "restitutionary damages"

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Supreme Court Allows Carrying Cost in Change in Law Claims Under PPA — Restitutionary Principle Upheld. Article 13.2 of Power Purchase Agreement Entitles Generating Company to Carrying Cost from Date of Change in Law Till Approval.

The case involves appeals by Uttar Haryana Bijli Vitran Nigam Ltd. and Dakshin Haryana Bijli Vitran Nigam Ltd. (Haryana Discoms) and Gujarat Urja Vika...

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Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interlocutory Order as Not Maintainable Under Section 34 of Arbitration and Conciliation Act, 1996. Order Rejecting Permission to File Fresh Valuation Report Is Not an Interim Award and Cannot Be Challenged Under Section 34.

The dispute arises from a Share Purchase Agreement (SPA) dated 22.12.2003 between Dilip Timblo (appellant) and Prashant Timblo (respondent). The appel...

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Bombay High Court Dismisses Petition Challenging Income Tax Reassessment Notices Under Section 148 of Income Tax Act, 1961 — No Jurisdictional Error Found in Reopening of Assessment Beyond Four Years.

The petitioners, Sanjeevkumar Kabra and others, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aur...

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Supreme Court directs the Central Implementation Committee to prepare guidelines for imposition of environmental compensation under Solid Waste Management Rules, 2026; reaffirms polluter pays principle and strict liability in environmental matters.

The Supreme Court, in the course of a civil appeal, addressed the institutionalisation of solid waste management in India. The matter arose from the n...

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Supreme Court Examines Challenge to NGT Orders Imposing Rs 18 Crore Environmental Compensation for Untreated Effluent Discharge. Appeal Challenges NGT Orders for Violation of Natural Justice and Reliance on Joint Committee Reports Under Water Act 1974 and National Green Tribunal Act 2010.

These civil appeals, filed under Section 22 of the National Green Tribunal Act, 2010, challenge two orders dated 15.02.2022 and 16.09.2022 passed by t...