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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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Supreme Court Dismisses Special Leave Petitions in Housing Society Fraud Case -- Upholds High Court's Order Directing Homebuyers to Approach Housing Commissioner and File Civil Suit

The Supreme Court dismissed special leave petitions filed by homebuyers against the High Court's order in a housing society fraud case. The petitioner...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Joint Venture Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court upholds arbitrator's findings on breach of joint venture agreement and rejection of counter claims as not perverse.

The petitioner, Development Corporation of Konkan Limited, a government company, filed a petition under Section 34 of the Arbitration and Conciliation...

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Bombay High Court Dismisses Contractor/Developer's Challenge to Majority Arbitral Award in Construction Dispute. Court upholds award of Rs.7,35,000, Rs.10,80,000, interest, and costs under Section 34 of the Arbitration and Conciliation Act, 1996, finding no patent illegality or conflict with public policy.

The petitioner, M/s. Raviuday Construction Co., a partnership firm, challenged a majority arbitral award dated 15 May 2012 passed by a three-member ar...

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Bombay High Court Upholds Disqualification of Councilor Under Maharashtra Local Authority Members Disqualification Act, 1986 for Joining Rival Party. Newspaper Reports of Joining Shiv Sena Constitute Sufficient Evidence of Voluntarily Giving Up Membership Under Section 3(1)(a) of the Act.

The Petitioner, Mahesh Vishnupant Kothe, was a councilor of the Solapur Municipal Corporation elected in 2012 on an Indian National Congress ticket. H...

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Bombay High Court Quashes Interim Reinstatement Order in Service Dispute — Interim Relief Cannot Grant Final Relief at Interim Stage. Labour Court's order directing reinstatement pending final adjudication set aside as impermissible under Section 30(2) of MRTU & PULP Act, 1971.

The petitioner, Zilla Parishad, Jalgaon, challenged an order dated 2.1.2014 passed by the Labour Court at Jalgaon in Complaint (ULP) No. 21 of 2013. T...

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CIVIL REVISION APPLICATION NO. 112 OF 2012

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