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Showing posts with the label Contract Law

JHARKHAND HIGH COURT FINES WATER RESOURCES DEPARTMENT OFFICIALS FOR FILING “FRIVOLOUS AND BOGUS” REVIEW PETITION

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INTRODUCTION The Jharkhand High Court has imposed a cost of ₹1,00,000 on officials of the State Water Resources Department for filing what it termed a “most bogus and frivolous” civil review petition, observing that the petition was filed with the oblique motive of delaying execution of an arbitral award payable to a Bihar-based construction company, M/s R.K. Construction Private Limited. The Court directed that the fine be paid personally by the concerned officials and deposited with the Jharkhand State Legal Services Authority (JHALSA). CASE BACKGROUND AND ARBITRATION AWARD The dispute arose out of civil works carried out in Jamshedpur under the Subarnarekha Multipurpose Project. The construction company was awarded approximately ₹2.5 crore through arbitration, following a dispute with the Water Resources Department over unpaid dues for executed works. After the arbitral award, the company initiated execution proceedings before the competent court to recover the awarded amount. Durin...

Tenancy Rights Cannot Be Bequeathed in Breach of Contract: Bombay High Court Ruling

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Introduction In a landmark judgment impacting the transfer and inheritance of tenancy rights, the Bombay High Court held that tenancy rights cannot be bequeathed through a will if such transfer breaches the contractual terms between a tenant and landlord. Justice Gauri Godse delivered this ruling, emphasizing that permitting such bequests would effectively allow tenancy rights to be transferred to strangers, contrary to the intent and terms of tenancy agreements. Background of the Case The case involved a 2,000-square-foot flat and garage located in the Queen’s Court Building , near Oval Maidan, Churchgate, Mumbai . The property was owned by the Life Insurance Corporation of India (LIC) and leased to Dr. Darasahah Bharucha on May 19, 1986 . After the death of Dr. Bharucha’s wife, Tehmina, the tenancy was transferred to him. Following Dr. Bharucha’s death on September 11, 1994 , his niece Nilofer Marshall , the daughter of his cousin, continued to occupy the flat. Marshall cl...

Supreme Court Rules Against Compound Interest in HLV Limited vs PBSAMP Projects Pvt. Ltd.

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Background of the Dispute The case arose out of a Memorandum of Understanding (MoU) dated 09.04.2014 between HLV Limited (formerly Hotel Leelaventure Pvt. Ltd.) and PBSAMP Projects Pvt. Ltd. . The agreement related to the sale of land at Banjara Hills, Hyderabad, where PBSAMP paid ₹15.5 crore as advance . When disputes emerged, the MoU was terminated, and arbitration proceedings began.