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Supreme Court Upholds Compulsory Retirement of Railway Protection Force Constable for Gross Neglect of Duty and Abuse of Authority. High Court's Reinstatement Order Set Aside for Exceeding Writ Jurisdiction by Reappreciating Evidence.

The case arose from disciplinary proceedings against Rajendra Kumar Dubey, a Constable in the Railway Protection Force (RPF), who was charged with gro...

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Supreme Court Allows Appeal in Pension Dispute: Patna High Court Had Territorial Jurisdiction to Entertain Writ Petition Challenging Stoppage of Pension. Part of Cause of Action Arose Where Pension Was Received and Stopped, Not Where Employment Was Served.

The appeal arose from a judgment of the Patna High Court dismissing a Letters Patent Appeal against a Single Judge's order that had dismissed a writ p...

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Supreme Court Allows State's Appeal, Upholds Rejection of Bid for Suppression of Material Facts in Public Tender. Bidder's Failure to Disclose FIR and Charge Sheet for Bridge Collapse Constitutes Fraudulent Practice Under N.I.T. Clauses.

The Supreme Court of India heard appeals by the State of Madhya Pradesh against a High Court judgment that had set aside the rejection of U.P. State B...

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Supreme Court Allows Appeal Against Execution of Arbitration Award as Specific Performance of Agreement for Sale. Arbitration Award Only Fixed Land Price; Executing Court Could Not Direct Sale Deed Execution Beyond Award's Scope.

The Supreme Court allowed the appeal filed by Firm Rajasthan Udyog and its partners against Hindustan Engineering & Industries Ltd. The dispute origin...

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Supreme Court Dismisses Appeal of Distribution Licensee Against Tariff Revision for Change in Law Under Electricity Act, 2003. Non-Allocation of Coal Linkage Despite Government Assurance Constitutes Change in Law Entitling Generating Company to Compensatory Tariff.

The case involves a dispute between Jaipur Vidyut Vitran Nigam Limited (JVVNL), an electricity distribution licensee in Rajasthan, and Adani Power Raj...

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Supreme Court Allows State's Appeal in Motor Vehicle Registration Fee Dispute — Rule 55A of MP Motor Vehicles Rules Valid. State can charge separate fee for reserved registration numbers under Section 41(6) of Motor Vehicles Act, 1988.

The Supreme Court allowed the appeal filed by the State of Madhya Pradesh against the High Court judgment that had quashed Rule 55A of the Madhya Prad...

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Supreme Court Enforces Foreign Award in Two-Tier Arbitration — Holds ICC Award Enforceable Despite Prior Indian Award. Two-Tier Arbitration Clause Valid Under Indian Law; Natural Justice Opportunity Afforded to Respondent.

The dispute arose from a contract between Centrotrade Minerals and Metals Inc., a US corporation, and Hindustan Copper Ltd. (HCL) for the sale of copp...

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Supreme Court Allows Appeal of Employee Retired Prematurely Based on Deemed Age — Resolution Cannot Override Service Rules. The Court held that the Board's resolution deeming age as 18 on appointment date could not reduce the actual retirement age under Rule 73 of the Bihar Service Code.

The appellant, Gopal Prasad, was appointed as Calligraphist-cum-Assistant of the Bihar School Examination Board on 20 May 1970 at about 15½ years of ...

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Supreme Court Dismisses Appeals of Generating Company and State Utility in Electricity Tariff Dispute. Deemed Generation Incentive Not Payable After 1995 Notification; Supplementary Agreement Bars Retrospective Interest on Deemed Loan.

The Supreme Court dismissed two appeals arising from a common order of the Appellate Tribunal for Electricity (APTEL) concerning a power purchase agre...