Search Results for "time is of the essence"

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Search Results for "time is of the essence"

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Supreme Court

Supreme Court Dismisses Bank's Appeal in Consumer Dispute Over Cheque Clearing Deficiency. Bank held liable for deficiency in service under Consumer Protection Act, 1986 due to negligence in presenting cheques within validity period, with compensation awarded for loss caused by expired cheques.

15 Apr 2026

The Supreme Court of India heard two civil appeals filed by Canara Bank against a judgment of the National Consumer Disputes Redressal Commission. The...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Case Upholding Liquidated Damages for Delay in Construction Contract. The Court Affirmed the Division Bench's Restoration of the Arbitral Award, Holding that Judicial Interference Under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 is Limited and the Award Was Valid Under the Indian Contract Act, 1872.

28 Apr 2025

The appeal arose from a construction contract dispute between Software Technology Parks of India (respondent) and M/s Consolidated Construction Consor...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Upholding High Court's Decision. Dispute Involved Agreement of Sale with Issues of Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Limitation Under Article 54 of Limitation Act, 1963.

10 Jan 2024

The appeal arose from a dispute over a registered Agreement of Sale dated 22.11.1990, where appellants 1, 2, and 3 agreed to sell property to responde...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Case Upholding High Court's Direction for Execution of Sale Deed. The court found the respondent demonstrated readiness and willingness to perform the contract through correspondence and legal notices, justifying specific performance under contract law principles.

18 Apr 2023

The Supreme Court heard two appeals arising from a property dispute involving a sale agreement executed by G. Venugopala Rao in favor of Respondent No...

Supreme Court

Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case, Upholding High Court Order Setting Aside District Magistrate's Decision. District Magistrate's Role Under Section 14 is Limited to Assisting Secured Creditor in Taking Possession, Not Adjudicating Tenancy Disputes, and Tenant's Remedy Lies Under Section 17 Before Debt Recovery Tribunal.

26 Sep 2022

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Under Specific Relief Act 1963 - Upholds Decree for Specific Performance Based on Plaintiff's Readiness and Willingness. The Court affirmed that time was not of the essence, discharge of mortgage was a condition precedent, and the plea under Order II Rule 2 CPC was not raised in the written statement and thus barred.

20 Jan 2022

The appeal arose from a judgment and order dated 7 January 2019 of a Single Judge of the High Court of Judicature at Madras, which dismissed the secon...

Supreme Court

Supreme Court Upholds Arbitration Award in Contract Dispute Over Liquidated Damages and Time as Essence of Contract. The Court held that time was not the essence of the contract for supply of pipes, and ONGC was entitled only to actual damages, not liquidated damages, under the Arbitration and Conciliation Act, 1996, Sections 34 and 37.

13 Nov 2021

The Supreme Court of India heard cross-appeals arising from arbitration proceedings between Welspun Specialty Solutions Limited (formerly Remi Metals ...

Supreme Court

Supreme Court Allows Liquidator's Appeal on Limitation Grounds in Insolvency Proceeding. Limitation period under Section 61 of the Insolvency and Bankruptcy Code, 2016 runs from the date the order is made available, not from pronouncement, applying Section 420(3) of the Companies Act, 2013 and Rule 50 of the National Company Law Tribunal Rules, 2016 for free copies.

22 Oct 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dated 13 July 2020, which dismissed the appellant's appeal as ...

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