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Bombay High Court Delivers Judgment in PIL Concerning Private Nursing Schools. Court Emphasizes Training Requirement for Nurses and State's Constitutional Duty.

The case involved a Public Interest Litigation (PIL) filed by the Private Nursing Schools and Colleges Management Association, a registered society of...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Supreme Court Dismisses Appeal Against Tender Cancellation in Public Procurement Case — State's Decision to Cancel Tender Upheld as Not Arbitrary Under Article 14 of the Constitution.

The appeal arose from a High Court order dismissing a writ petition challenging the cancellation of a tender by the State. The appellant, a bidder, co...

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High Court of Judicature at Bombay Rules on Arbitration Petition No.846 of 2014 Under Section 34 of the Arbitration Act. The Court Considers Whether the Arbitral Award Dated 22 March 2014 Should Be Set Aside in Light of Various Share Sale Agreements Between the Parties.

The matter before the High Court of Judicature at Bombay arose from an arbitration petition filed by Haresh Advani under Section 34 of the Arbitration...

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Bombay High Court Allows Contractor's Appeal in Arbitration Act Case — Restoration of Majority Award on Escalation Clause Interpretation. Section 30 of the Arbitration Act, 1940 Not Attracted as Arbitral Interpretation of Contract Clause Was Plausible.

The appeal arose from an order of a learned Single Judge of the Bombay High Court setting aside a majority arbitral award under Section 30 of the Arbi...

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Bombay High Court Upholds Industrial Tribunal Award Granting Grade Parity to Laboratory Assistants at Research Centre. Historical Parity and Similar Job Functions Justify Equal Classification Under Industrial Disputes Act, 1947.

The judgment involves two writ petitions filed by Hindustan Lever Limited and the Hindustan Lever Research Centre Employees' Union challenging an awar...

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Bombay High Court Partially Upholds Arbitral Award in Railway Contract Dispute — Interest Rate Reduced from 18% to 9%. The court held that the arbitrator's award did not violate public policy but reduced the interest rate as excessive under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Union of India, challenged an arbitral award dated 8 October 2010 under Section 34 of the Arbitration and Conciliation Act, 1996. The ...

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Karnataka High Court Dismisses Writ Petition Challenging Lok Adalat Compromise Decree in Partition Suit: Third Party Not Permitted to Invoke Article 226 Against Lok Adalat Award. Writ Remedy Not Available to Strangers to Decree; Proper Recourse Is to File a Separate Suit for Declaration and Partition.

The writ petition was filed under Articles 226 and 227 of the Constitution of India by five individuals claiming to be members of the same family as t...

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"High Court of Bombay: Commercial Arbitration Appeal" "Exploring the scope of judicial review under Section 34 and 37 of the Arbitration and Conciliation Act, 1996, addressing readiness, willingness, and compensation issues in a shareholder dispute."

Arbitration Scope: The Court clarified the restrictive jurisdiction under Section 34 and 37 of the Arbitration and Conciliation Act, emphasizing minim...