26 September 2022


Search Results for Tag : Damages

International Cases

A person who suffers damage as a result of malicious prosecution of a civil suit against him is entitled to recover that damage(20.07.2016)

Principal issue in instant appeal is relating to prosecution of civil proceedings in tort of malicious prosecution. Instant appeal is from a decision .....

Tags : Malicious prosecution, Civil suit, Damages

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Judgments

Party complaining breach of contract is entitled to reasonable compensation whether or not actual loss is proved to have been caused(21.04.2017)

Mahanagar Telephone Nigam Limited ('MTNL') has filed present petition under Section 34 of Arbitration & Conciliation Act, 1996 challenging an Award da.....

Tags : Damages, Compensation, Validity

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A domestic “suspension” provision cannot defer the expiry of the Convention’s limitation period beyond that long stop(17.10.2018)

Present appeal raises a question about the interpretation of Article 16 of the Athens Convention relating to the Carriage of Passengers and their Lugg.....

Tags : Negligence, Damages, Grant

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In order to avoid liability under Section of COIDA, onus of satisfying the Court is on employer(04.03.2021)

In present case, On 5 April 2017 the Appellant, Ms Catherine Churchill, went to work as usual at the offices of the first Respondent, the Premier of 4.....

Tags : Damages, Compensation, Entitlement

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Unless there has been some improper conduct on part of arbitrator, a bona fide mistake either of law or fact made by arbitrator does not constitute misconduct or a gross irregularity(17.06.2021)

The Appellant and the first and second Respondents (the respondents) concluded a restraint of trade agreement in 2008. In May 2017, the Respondents co.....

Tags : Review, Award, Damages

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“Deliberate acts” in Clause 14 of the policy includes acts which are intended to cause injury(23.04.2021)

On 9 August 2013, Craig Grant was killed as a result of an assault on him by Jonas Marcius, a door steward employed by the Prospect Security Ltd ("Pro.....

Tags : Insurer, Liability, Damages

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News

Allahabad HC Dismisses Plea to Quash Notices to Recover Public Loss from Anti-CAA Protesters(12.02.2020)

Allahabad High Court has dismissed a Petition challenging notices issued by the District Administration of State of Uttar Pradesh to recover damages f.....

Tags : Allahabad High Court, Damages for Loss of Public Property, Anti- Citizenship Amendment Act Protests

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Delhi HC: Arbitral Tribunal Cannot Decrease Liquidated Damages on Guess Work(02.05.2022)

Delhi High Court has ruled the arbitral tribunal can’t reduce the liquidated damages on guesswork if it finds that it is genuine pre-estimated damages.....

Tags : Delhi High Court, Arbitral tribunal, liquidated damages, pre-estimated damages

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In absence of an available market, measure of loss is difference between contract rate and what was or ought reasonably to have been earned from employment of vessel under shorter charterparties(28.06.2017)

Present appeal concerns assessment of damages arising out of repudiation of a charterparty by charterers of a cruise ship called New Flamenco (“vessel.....

Tags : Award, Damages, Assessment

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Notifications & Circulars

Committee recommends modifications to Specific Relief Act 1963(20.06.2016)

An Expert Committee set up to bring changes in specific performance trends submitted its report proposing amendments to the Specific Relief Act 1963.<.....

Tags : Specific relief, damages, public contracts

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CESTAT, Hyderabad: Liquidated Damages Does Not Attract Service Tax(10.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Hyderabad has held that receipt of liquidated damages by the service provider for breach of condit.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, liquidated damages, Service Tax

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Delhi HC: Recovery of LD Not Time Barred if Imposition of LD Was Contingent on Extension of Time(02.08.2022)

Delhi High Court has held that arbitrator cannot reject the claim of a party for refund of Liquidated Damages (LD) as barred by time if it was inextri.....

Tags : Delhi High Court, Arbitration, Liquidated Damages

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AAR, Telangana: Liquidated Damages Recovered for Delay in Completion of Project Attracts 18% GST(22.02.2022)

Authority for Advance Ruling (AAR), Telangana has ruled that liquidated damages recovered by Applicant for delay in commissioning under an agreement c.....

Tags : Authority for Advance Ruling, Liquidated Damages

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Delay itself constitutes a breach of claimant’s Convention rights and gives rise to a right to bring proceedings under Human Rights Act(06.03.2019)

The central issue in present appeal is whether the Court of Appeal in Northern Ireland was entitled to order that, a claim for damages under Section 8.....

Tags : Investigation, Delay, Damages, Entitlement

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Madras HC Refuses to IPS Officer Plea to Reject MS Dhoni’s Plaint in Civil Suit Seeking Damages(10.12.2021)

Madras High Court has refused to entertain an application filed by IPS officer G. Sampath Kumar to reject the plaint in a civil suit, preferred by cri.....

Tags : Madras High Court, Civil Suit Seeking Damages

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Reasonableness is a more demanding objective standard requiring the publisher to satisfy the Court that, publication would not constitute an abuse of the freedom of the press(11.08.2017)

Present is an appeal against the decision of Trial Judge on 9th December, 2015 in which he rejected the Appellant's claim for damages and injunctive .....

Tags : Publication, Articles, Damages, Grant

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Liability in tort, delict or quasi-delict can only arise, if a causal connection can be established between damage and event in which that damage originates(21.03.2018)

In facts of present case, between May 2005 and February 2009, Mr. Mukhtar Ablyazov was the chairman and controlling shareholder of the claimant, a ban.....

Tags : Conspiratorial agreement, Damages, Jurisdiction

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Delhi HC: Provision for Quantum of Damages Under LA Act Would Apply to Arbitrations Under RDP Act(24.05.2022)

Delhi High Court has held that the provisions for the quantum of damages under Land Acquisition Act, 2013 (LA Act) would apply to arbitrations under t.....

Tags : Delhi High Court, Damages, Arbitrations

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UK Supreme Court: Refugee can Pursue Claim for Damages Against Government for Illegal Detention(28.02.2020)

United Kingdom Supreme Court has allowed the appeal of a refugee to pursue a claim for damages against the Government for unlawful detention and held .....

Tags : United Kingdom Supreme Court, Refugee, Damages Against Government

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Delhi HC: Quantum of Damages Can Only be Decided After Trial(11.07.2022)

Delhi High Court has held that quantum of damages to be awarded to the plaintiff can only be decided after the trial and therefore a plaint cannot be .....

Tags : Delhi High Court, Quantum of Damages, Trial

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Existence of a concluded contract is sine qua non in compensation claim for loss and damages(21.04.2017)

Respondent's Suit for breach of contract and damages was decreed by Principal District Court, in Original Suit for a sum of Rs. 5,25,55,460/- with int.....

Tags : Decree, Damages, Validity

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Apple loses patent battle for mobile processors but pays less than expected(16.10.2015)

A jury in Wisconsin has found Apple guilty of infringing patents owned by Wisconsin Alumni Research Foundation, or WARF. It awarded WARF $234 million .....

Tags : Apple, patent, lose, warf, processor, iphone, ipad, million, damages

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Insurance coverage cannot be available for a vague or indefinite period(16.12.2016)

Government of Andhra Pradesh awarded work of Investigation, Design and Execution of Tunnel -1 & Tunnel - 2, including Head Regulator at entrance of po.....

Tags : Coverage, Insurance, Damages

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GST applicability on liquidated damages, compensation and penalty arising out of breach of contract or other provisions of law(03.08.2022)

1. In certain cases/instances, questions have been raised regarding taxability of an activity or transaction as the supply of service of agreeing to t.....

Tags : GST, Applicability, Liquidated damages

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Delhi HC Seeks Response on Recovery of Damages on Public Properties from CAA Protestors(22.03.2022)

Delhi High Court has sought response of the Centre, Delhi government and police on a public interest litigation seeking direction to the authorities t.....

Tags : Delhi High Court, Recovery of Damages on Public Properties

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Kerala HC: Compensation for Actual Damages Includes Value of Spare Parts to be Repaired(11.07.2022)

Kerala High Court while allowing a motor accident claims appeal has held that in Motor Accident Claims the claimant is entitled to get compensation fo.....

Tags : Kerala High Court, Motor Accident Claims, Actual Damages

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Delhi HC Issues Notice on Plea by Delhi 2020 Riots Victim Seeking Damages(07.04.2021)

Delhi High Court has issued notice on and sought responses of the Centre, Delhi Government and others on a plea by a Delhi 2020 riots victim seeking d.....

Tags : Delhi High Court, Damages to Riots Victim

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Delhi HC: Liquidated Damages Over & Above Actual Damages Cannot Be Awarded by Sole Arbitrator(01.02.2022)

Delhi High Court has observed that in breach of a contract, if the actual damages have been ascertained then the sole arbitrator is not justified in g.....

Tags : Delhi High Court, Liquidated Damages

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SCDRC: Insured Should Take All Reasonable Steps to Safeguard Vehicle Insured From Loss or Damages(14.07.2022)

State Consumer Dispute Redressal Commission, Chandigarh has held that insured should take all reasonable steps to safeguard the vehicle insured from l.....

Tags : SCDRC, Insured, Vehicles, Damages

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Supreme Court Seeks UP Government's Reply on Plea Against Recovering Damages(01.02.2020)

Supreme Court has sought response of the Uttar Pradesh Government on a plea seeking quashing of notices sent to alleged protesters by district adminis.....

Tags : Supreme Court, Damages

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