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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

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Bombay High Court Hears Challenge to Reservation in Promotion Policy of Mumbai Port Trust; Office Memorandum Dated 21 January 2002 Under Scrutiny. Petitioners Allege Violation of M. Nagaraj Principles and 100% Reservation for SC/ST in Office Superintendent Cadre.

The writ petition was filed by the Mumbai Port Trust Non SC/ST Employees Association, an association registered under the Trade Unions Act representin...

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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Property Development Dispute. Petitioners Argue Award is Unreasoned and Arbitrator Failed to Independently Analyze Submissions, Seeking Set Aside.

Background: The matter involved a property development dispute concerning three tribal (Adivasi) lands in Malad, Mumbai. The petitioners were legal he...

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Bombay High Court Quashes Industrial Tribunal Award in Wage Reference Due to Failure to Apply Settled Principles. The Court Remands the Proceedings for Fresh Adjudication, Holding That Both Region-cum-Industry and Parity Principles Were Not Properly Followed.

This judgment from the Bombay High Court concerns three writ petitions challenging an award of the Industrial Tribunal in a wage reference between Hin...

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Bombay High Court Considers Chamber Summons by Judgment Debtor Challenging Execution of Foreign Award. Defendant Contends Hong Kong Labour Tribunal Award Not Executable as Hong Kong Not Reciprocating Territory and Tribunal Not Superior Court Under Section 44A of CPC.

The matter arose from an execution application filed by Kevin George Vaz seeking to enforce an award dated 6th August 2004 passed by the Labour Tribun...

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High Court of Bombay Disposes Chamber Summons Concerning Execution Sale of Property. Court Considers Commissioner's Report and Objections Arising from Auction Held on January 15, 2004, Under Consent Award Enforcement.

The matter pertained to the execution of a consent award obtained in arbitration proceedings between Camoran Finance & Investments (claimants) and Vir...

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Bombay High Court Considers Letters Patent Appeal Against Single Judge's Order in Retrenchment Dispute, Examining Scope of Industrial Tribunal's Jurisdiction. Key Issues Include Whether Tribunal Could Determine Legality Under Section 25F When Reference Limited to Justifiability of Retrenchment.

The appeal arose from an industrial dispute concerning the retrenchment of seven workmen by M/s DBH International Ltd., a clearing and forwarding agen...

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High Court of Bombay Hears Appeal Against Company Law Board Orders Refusing to Enforce Settlement Under Section 634A of Companies Act, 1956. The appeal challenged the binding nature of an order recording broad settlement when consent terms were unsigned and third-party interests were involved.

The appeal arose from two orders of the Company Law Board (CLB) dated 2 July 2004 and 13 September 2004, which held that an earlier CLB order dated 29...