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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...

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Bombay High Court Upholds Industrial Court Order Granting Additional Increments to Graduate Employees Promoted to Clerks in BEST Undertaking. The court held that BCR No.19 applies to all graduate clerks, including those promoted from lower categories, and denial amounts to unfair labour practice.

The case involves a challenge by the BEST Undertaking against an order of the Industrial Court, Mumbai, dated 20 March 2021, in Complaint (ULP) No. 49...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Change of Opinion. Notice under Section 148 of Income Tax Act, 1961 for reassessment of derivative transaction loss set aside as Assessing Officer had already examined the issue during original assessment.

The petitioner, Shrikant Phulchand Bhakkad (HUF), through its Karta, filed a writ petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Dismisses Petition for Compassionate Appointment Due to Inordinate Delay. Claim for compassionate appointment based on father's death in 1994 rejected as time-barred and family's financial distress no longer exists.

The petitioner, Satish Panditrao Ravate, filed a writ petition seeking compassionate appointment based on the death of his father in 1994. The petitio...