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Showing posts with the label Contract Law

Whether Ouster Clause can Oust Territorial Jurisdiction of High Court [JUDGMENT]

IN THE HIGH COURT OF JUDICATURE AT PATNA CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL Civil Writ Jurisdiction Case No.11858 of 2016 08-08-2018 Bhagwati Coke Industries Pvt. Ltd. v.  State of Bihar

Court shall not Intervene with the Subject Matter of Arbitration unless Injustice is caused to either of the Parties [SC Judgment]

Arbitration and Conciliation Act, 1996 -  Ss. 5 & 34 -    Court shall not intervene with the subject matter of arbitration unless injustice is caused to either of the parties.

Terminating the Contract on Account of Fundamental Breach, Whether Innocent Party is Entitled to Claim Damages for the entire Contract ?

Contract Law - Termination of Contract - Once it is established that the party was justified in terminating the contract on account of fundamental breach thereof, then the said innocent party is entitled to claim damages for the entire contract, i.e. for the part which is performed and also for the part of the contract which it was prevented from performing.