Search Results for "essential terms"

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High Court of Bombay Allows Enforcement of Foreign Arbitral Awards Under Arbitration and Conciliation Act, 1996 - The court recognized and enforced five foreign arbitral awards, rejecting challenges based on invalidity of arbitration agreement and scope of submission.

The High Court of Bombay adjudicated a commercial arbitration petition filed under Part II of the Arbitration and Conciliation Act, 1996, seeking reco...

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High Court Dismisses Appeal by Wipro Enterprises in Ex-Gratia Payment Dispute -- Upholds Money Decree Under Indian Contract Act, 1872 and CPC for Employee's Recovery Suit

The High Court dismissed an appeal by Appellant against a money decree favoring Respondent for an ex-gratia payment of Rs. 6,32,000/- -- The responden...

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High Court Dismisses Second Appeal in Land Acquisition Case Due to Absence of Substantial Question of Law. Concurrent factual findings by lower courts upheld as appellants failed to establish any legal error in dismissal of suit for injunction and adverse possession claim under Land Acquisition Act, 1894.

The dispute originated from a Regular Civil Suit filed by the plaintiff seeking permanent injunction against the State of Gujarat and its officers to ...

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Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

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Arbitration Petition Dismissed: No Binding Amendment to Development Agreement Established. Court Holds No Consensus Ad Idem on Essential Terms of Amendment – Section 37 of the Arbitration and Conciliation Act, 1996 Invoked

Binding Amendment Requires Consensus on Essential Terms: – For a binding amendment to a development agreement, the parties must reach consensus ad...

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Arbitration Battle Over Ganatra Hotels: Panchamias vs. Ganatra Group. Complex Dispute Involving Share Transfers, Valuation Discrepancies, and Legal Contentions Reaches Judicial Review

This case involves two connected Commercial Arbitration Petitions arising from an Arbitral Award dated 5th April 2016. The primary parties are the Pan...

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Appellant's Appeal Partly Allowed: Trial Court's Denial of Specific Performance Restored. High Court and Appellate Court's Judgments Overturned Due to Plaintiff's Unexplained Delay and Lack of Evidence for Readiness and Willingness

The appellant, originally the defendant in the trial court, challenges the judgment dated 07.06.2011, which partially allowed his second appeal (S.A N...

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Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...