Search Results for "Indian Contract Act"

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National Company Law Appellate Tribunal Upholds Mediated Consent Terms in Company Dispute Under Companies Act, 1956 -- Appeals by Appellant(s) and Accurate Engineering Company Pvt. Ltd. & Ors. Dismissed Due to Failure to Prove Coercion, Undue Influence, and Duress

The National Company Law Appellate Tribunal dismissed appeals challenging the National Company Law Tribunal's order that upheld mediated consent terms...

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Supreme Court Allows Bank's Appeal, Upholds Liquidated Damages Clause in Employment Contract. Clause requiring employee to pay Rs. 2 lakhs for resigning before three years held valid under Section 27 of Indian Contract Act, 1872, and not opposed to public policy.

The Supreme Court allowed the appeals filed by Vijaya Bank and another against the judgment of the High Court of Karnataka which had quashed clause 11...

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Supreme Court Sets Aside NCDRC Order : No Privity of Contract Between Parties, Respondent Not a ‘Consumer’ Under Consumer Protection Act, 1986. Court Holds No Tripartite Agreement Proven, Respondent Not Entitled to Compensation Under Consumer Protection Act, 1986

Privity of Contract Essential for Consumer Status: The Court reiterated that for a person to qualify as a ‘consumer’ under the CPA, t...

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Supreme Court Clarifies Jurisdiction in International Arbitration Agreements. Supreme Court Rules on Applicability of Indian Law and Jurisdiction in Cross-Border Arbitration Disputes

Governing Law of Arbitration Agreement: The Court applied the three-step test from Sulamérica Cia Nacional De Seguros S.A. v. Enesa Engenharia S.A....

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Development Agreement Construed as Conveyance Due to Transfer of Substantial Property Rights — Bombay High Court Dismissed Writ Petition Challenging Stamp Duty Classification

Distinction Between Conveyance and Development Agreement — Extensive Rights of Developer Held as Conveyance Under Maharashtra Stamp Act, 1958 Subst...

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High Court of Bombay Quashes District Court Judgment, Restores Arbitration Challenge for Fresh Consideration on Grounds of Patent Illegality and Failure to Address Key Contentions. Arbitration Award Set Aside for Reconsideration Under Section 34 of the Arbitration and Conciliation Act, 1996

Scope of Section 34: The Court held that while the scope of interference under Section 34 is limited, the District Judge must consider specific chal...

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Bombay High Court Set Aside the Debt Recovery Appellate Tribunal’s (DRAT) Order — Directs DRAT to Decide Appeals on Merits. Revisiting the Scope of Appellate Authority and Jurisdiction — Emphasis on Avoiding Routine Remands — Upholding Judicial Efficiency and Finality of Decisions

The DRAT, as an appellate authority, has the duty to decide all issues based on the material available on record. Routine and unjustified remands del...