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Arbitration Clause Upheld – Bombay High Court Appoints Sole Arbitrator Despite Procedural Objections

Technical Plea on Incorrect Citation of Arbitration and Conciliation Act, 1996 – Rejected – Arbitration Proceedings to Commence Without De...

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Tender Conditions Arbitrary – Bombay High Court Strikes Down Net Worth and Experience Criteria in Nashik Municipal Corporation Tender

Unreasonable Tender Conditions – High Court Invalidates Nashik Municipal Corporation’s Qualification Requirements for Sweeping and Cleaning Servic...

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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...

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Bar on Testamentary Disposition of Tenanted Land – Protection of Possession under Section 53A of the Transfer of Property Act – Appreciation of Oral and Documentary Evidence – Injunction and Declaration of Title – Relevance of Admissions in Evidence

Statutory Bar under Section 43 Upheld – Held that testamentary disposition of tenanted land was barred, and the Will relied upon by the defendants w...

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Arbitration – Liquidated Damages – Scope of Judicial Review under the Arbitration Act, 1940 – Interpretation of Contractual Terms – Performance Guarantees – Section 74 of the Indian Contract Act, 1872 – High Court’s Power to Set Aside Arbitral Awards.

The Supreme Court dismissed the appeal, upholding the High Court’s finding that the claim of ₹68.15 lakhs was speculative and beyond the contract...

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Contract Law – Unilateral Mistake – Encashment of Bank Guarantee – Proportionality – Judicial Review – Equity – Relief Granted

The Supreme Court found the Appellant’s error to be apparent and self-evident, warranting equitable relief. (Para 16) BRO’s refusal to acknowledg...

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Supreme Court Holds HUDCO in Breach of Contractual Obligations, Orders Refund of Forfeited Amount to Tomorrowland Limited. Forum Shopping and Unclean Hands Doctrine Bar Interest on Refund – Appeal Partly Allowed

The Supreme Court partly allowed the appeal, holding that HUDCO was in breach of its contractual obligations and ordered a refund of the principal amo...

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Supreme Court Upholds Arbitral Award: Joint and Several Liability in Stock Trading Dispute. Oral Agreement Binding in Arbitration: Bombay Stock Exchange Bye-laws Interpreted.

The Supreme Court allowed the appeal, setting aside the High Court’s order and reinstating the arbitral award in its entirety. The Court held that:a...

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NSEL Scam: High Court Upholds Special Court’s Power to Summon Additional Accused Under Section 190 CrPC – NSEL’s Application Maintainable Despite Being an Accused

Bombay High Court Clarifies Scope of Section 190 CrPC in MPID Act Cases – Accused Can Seek Impleadment of Other Accused at Pre-Trial Stage The&...