Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Liquidated damages for delay in a publicinterest infrastructure project attract a publicutility exception requiring the breaching party to prove absence of loss; consequence: reasonable compensation under the contract clause must be allowed. A Section 34 modification that applied the contract Clause to increase reasonable compensation was a valid exercise confined to jurisdictional limits; outcome: that modification was upheld. The appellate forum exceeded its scope by recalculating compensation rather than testing for jurisdictional error or perversity; consequence: the Division Bench's modification was set aside and the Single Judge's award restored, with one appeal allowed and the other dismissed.
Liquidated damages for delay in a publicinterest infrastructure project attract a publicutility exception requiring the breaching party to prove absence of loss; consequence: reasonable compensation under the contract clause must be allowed. A Section 34 modification that applied the contract Clause to increase reasonable compensation was a valid exercise confined to jurisdictional limits; outcome: that modification was upheld. The appellate forum exceeded its scope by recalculating compensation rather than testing for jurisdictional error or perversity; consequence: the Division Bench's modification was set aside and the Single Judge's award restored, with one appeal allowed and the other dismissed.
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