Search Results for "contractual terms"

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Search Results for "contractual terms"

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Supreme Court

Supreme Court Dismisses Promoter's Appeal in Real Estate Regulation Case, Upholding Authority's Jurisdiction and Pre-deposit Condition. The court affirmed that a single member of the Real Estate Regulatory Authority has jurisdiction to order refunds under Section 18 of the Real Estate (Regulation and Development) Act 2016, and the pre-deposit requirement under Section 43(5) is valid for statutory appeals.

11 Nov 2021

The dispute arose from appeals filed by promoters and real estate developers against orders of the High Court of Allahabad, which had dismissed their ...

Supreme Court

Supreme Court Dismisses Appeal in Consumer Dispute Over Inspection Services for Export Consignments. Testing company not liable for variations in product specifications at destination port as responsibility limited to certification at shipment under contractual terms and disclaimers.

6 Oct 2021

The dispute arose from a consumer complaint filed by Dolphin International Ltd. against SGS India Ltd. before the National Consumer Disputes Redressal...

Supreme Court

Supreme Court Upholds Employer's Acceptance of Voluntary Retirement Under Modified Voluntary Retirement Scheme (MVRS). Resignation Submitted Under MVRS Was Unconditional and Could Not Be Withdrawn After Acceptance, as Per Scheme Terms Under Clause 5.1.

27 Sep 2021

The dispute arose from the respondent's resignation under the Modified Voluntary Retirement Scheme (MVRS) introduced by the appellants, a public secto...

Supreme Court

Supreme Court Dismisses Government's Appeal in Road Construction Contract Dispute, Upholding Contractor's Payment Claim Based on Final Joint Survey Report. Payment Obligation Arises Under Contractual Terms as per General Conditions of Contract, Clause 2.8.1, with High Court's Order for Payment of Rs. 31,57,16,134/- with Interest Affirmed.

6 Sep 2021

The dispute arose from a road construction contract under the Special Accelerated Rural Development Programme (SARDP) for improvement of road from Lum...

Supreme Court

Supreme Court Dismisses Appeals in MSMED Act Arbitration Cases on Limitation and Counterclaim Issues. The Court held that the Limitation Act, 1963 applies to arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006, and counterclaims are maintainable under Section 23(2A) of the Arbitration and Conciliation Act, 1996, affirming the High Court's remand and arbitrator appointment orders.

29 Jun 2021

The Supreme Court of India addressed two consolidated civil appeals involving arbitration proceedings under the Micro, Small and Medium Enterprises De...

Supreme Court

Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Interest on Delayed Payment. The court examined entitlement to interest under Clause 60.8 of the contract and validity of alleged waiver through communications, referencing arbitration provisions and contract law principles.

22 Apr 2021

The dispute arose from a contract awarded by the State of Kerala to the appellants for highway upgradation, executed on 7 November 2002. The appellant...

Supreme Court

Supreme Court Grants Interim Relief in Public Interest Litigation to Protect Endangered Birds from Power Line Collisions. The court directed undergrounding of power lines where feasible and installation of bird divertors, emphasizing the State's duty under Article 21 of the Constitution and ecocentric principles to prevent extinction of the Great Indian Bustard and Lesser Florican.

19 Apr 2021

The judgment arose from a public interest writ petition filed by environmentalists seeking to protect the Great Indian Bustard and Lesser Florican, tw...

Supreme Court

Supreme Court Quashes High Court Judgment in Tender Dispute, Reinstates Award to Lowest Bidder. The High Court exceeded its jurisdiction by substituting its interpretation of tender conditions for that of the tendering authority, violating principles of judicial review under administrative law.

9 Apr 2021

The dispute arose from a Tender Call Notice dated 30.12.2019 issued by the Office of the Superintendent, SCB Medical College and Hospital, Cuttack, fo...

Supreme Court

Supreme Court Allows Appellants in Specific Performance Suit by Reversing High Court Division Bench Judgment. Agreements and Memoranda of Understanding Interpreted Together as Supplementary, with Appellants Found Ready and Willing to Perform Contract Under Specific Relief Act, 1963.

9 Apr 2021

The dispute arose from four suits filed by the Appellants for specific performance of agreements of sale dated 20.03.1991 and memoranda of understandi...

Supreme Court

Supreme Court Upholds Consumer Commission's Compensation Award Against Builder for Delayed Possession in Housing Project. Builder's 'Endeavour' Clause Interpreted as Requiring Reasonable Efforts, and Contractual Compensation Rate Held Unfair Under Consumer Protection Act, 1986.

8 Mar 2021

The dispute arose from a delayed housing project where the builder, NBCC (India) Limited, failed to hand over possession of a residential unit to the ...

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