Search Results for "unfair contract"

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Search Results for "unfair contract"

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Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

Supreme Court

Supreme Court Upholds Arbitral Award in Commercial Contract Dispute — Joint and Several Liability of Holding Company and Subsidiary Upheld. Division Bench's restoration of award under Section 37 of Arbitration and Conciliation Act, 1996 affirmed, rejecting challenge on grounds of patent illegality and public policy.

3 Sep 2024

The case arises from a dispute between OPG Power Generation Private Limited (OPG) and its holding company Gita Power and Infrastructure Private Limite...

High Court

Bombay High Court Dismisses Municipal Corporation's Challenge to Caste Validity Certificates — Employer Lacks Locus Standi Under Maharashtra Caste Certificate Act, 2000. Corporation Cannot Challenge Certificates Issued to Employees as Only Person Aggrieved or State Government Can Do So.

20 Aug 2024

The Pimpri Chinchwad Municipal Corporation (PCMC) filed a writ petition before the Bombay High Court challenging the caste validity certificates issue...

Supreme Court

Supreme Court Dismisses Appeal Against Tender Cancellation in Public Procurement Case — State's Decision to Cancel Tender Upheld as Not Arbitrary Under Article 14 of the Constitution.

9 Jul 2024

The appeal arose from a High Court order dismissing a writ petition challenging the cancellation of a tender by the State. The appellant, a bidder, co...

Supreme Court

Supreme Court Dismisses Appeal in MRTP Act Case Upholding Commission's Finding of No Unfair Trade Practices. The Court Held That Extra Charges and Cancellation of Apartment Allotment Were Contractual and Did Not Constitute Unfair Trade Practices Under Sections 36-A and 36-B of the Monopolies and Restrictive Trade Practices Act, 1969.

25 Jan 2022

The appeal arose from a judgment dated 19.01.2009 by the Monopolies and Restrictive Trade Practices Commission, New Delhi, which dismissed a complaint...

Supreme Court

Supreme Court Allows Appeal by MP Power Management Company, Upholds Termination of Power Purchase Agreement for Non-Compliance of Conditions Subsequent. The Court held that the High Court erred in interfering with a non-statutory contract and that the termination was justified as the seller failed to fulfill conditions within the extended period.

1 Jan 2022

The appellant, M.P. Power Management Company Limited, a wholly owned government company responsible for bulk purchase of electricity in Madhya Pradesh...

Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

High Court

Bombay High Court Allows Safai Kamacharis' Petition Against Arbitrary Termination by Municipal Corporation. Contractual Termination Set Aside for Violation of Natural Justice and Right to Livelihood Under Article 21.

3 Dec 2015

The petitioners, nineteen individuals, were working as safai kamacharis (sanitation workers) on a contract basis with the Pimpri Chinchwad Municipal C...

High Court

Bombay High Court Allows ONGC's Appeal and Dismisses Soconord's Appeal in Arbitration Dispute Over Oil Well Casing Pipes — Umpire's Award Upheld as Not Liable to Be Set Aside Under Section 30 of Arbitration Act, 1940. Court Held That the Learned Single Judge Erred in Setting Aside the Award on Grounds of Non-Consideration of Certain Aspects, as the Umpire Had Considered All Relevant Material and the Award Was Not Vitiated by Any Error of Law Apparent on the Face of the Record.

24 Jul 2014

The case involves cross-appeals arising from an arbitration dispute between Oil & Natural Gas Corporation Limited (ONGC) and M/s. Soconord OCTG, SA (S...

High Court

Bombay High Court Upholds Reinstatement of Employee in Forest Development Corporation Case — Termination Without Domestic Inquiry Invalid Under MRTU & PULP Act. Employer's failure to conduct proper inquiry and denial of opportunity to lead evidence renders termination illegal, warranting reinstatement with back wages.

27 Sep 2011

The case involves two writ petitions filed by the Forest Development Corporation of Maharashtra Limited (FDCM) challenging the orders of the Labour Co...

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