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Supreme Court Dismisses Railways' Appeals Against Appointment of Independent Arbitrator in Contract Disputes. Failure to Appoint Arbitrator Within 60 Days Forfeits Railways' Right Under Clause 64 of GCC.

The Supreme Court dismissed two appeals filed by the Union of India (Railways) against the judgments of the Delhi High Court appointing independent ar...

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Supreme Court Upholds Withdrawal of Pay Scale Benefit for Junior Clerks in Maharashtra Finance Department. Recovery of Excess Payments Restricted to Post-Withdrawal Period Only.

The Supreme Court dismissed the appeal filed by Junior Clerks of the Maharashtra Finance Department challenging the High Court's judgment that upheld ...

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Bombay High Court Allows Petition Challenging Seniority List of Graduate High School Teachers — Directs Inclusion of Petitioner with Continuous Service from 1988. Sahitya Sudhakar Qualification Treated as Equivalent to Graduation for Seniority Purposes Under Zilla Parishad Service Rules.

The petitioner, Shri Jaiprakash Baburao Gaidhane, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging the final seniority li...

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Bombay High Court Dismisses PIL Challenging Tender for Construction of Commercial Complex in Thane. Court holds that no public interest is involved as the petition is filed by business rivals to scuttle a tender process.

The Bombay High Court dismissed a Public Interest Litigation (PIL) filed by the Association for Protection of Civil Rights (APCR) and three other indi...

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Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

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High Court of Bombay at Nagpur Dismisses Petitions Challenging Cancellation of Tender by Western Coalfields Limited. Tender cancellation upheld as employer has discretion to cancel tender before issuance of purchase order, and no concluded contract exists.

The judgment concerns two writ petitions filed by successful bidders challenging the cancellation of a global tender issued by Western Coalfields Limi...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Reassessment based on mere change of opinion on share premium addition under Section 68 is invalid as all material was disclosed during original assessment.

The petitioner, Rajshree Realtors Private Limited, a real estate company, filed its return of income for Assessment Year 2012-2013 declaring income of...

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Bombay High Court Dismisses Petitioner's Challenge to Tender Cancellation in Public Works Contract. Court holds that cancellation due to lack of competition and failure to meet essential conditions is valid and does not require prior notice to bidders.

The petitioner, Waterfront Constructions Private Limited, challenged the cancellation of a tender issued by the respondent authorities for a public wo...

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Bombay High Court Dismisses MLA's Petition Alleging Discriminatory Allocation of Slum Development Funds. Court holds that allocation of funds under Maharashtra Local Development Fund is an executive policy decision not subject to judicial review unless arbitrary or mala fide.

The petitioner, Ravindra Dattaram Waikar, a Member of Legislative Assembly (MLA) from Jogeshwari (E) constituency, filed a writ petition alleging disc...