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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Construction Contract Dispute. Arbitration Clause in Works Contracts Held Valid and Disputes Referable to Arbitration.

The applicant, Gold Prism Realty Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment o...

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High Court of Bombay at Goa Reduces Interest Rate from 12% to 9% in Contractor's Recovery Suit Against State. The court held that interest under Section 34 CPC must be reasonable and not excessive, reducing the rate to 9% per annum.

The dispute arose out of a contract awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contractor, for improvement of riding quality of NH-4A ...

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Bombay High Court Upholds Industrial Tribunal Award Reinstating Contract Workers as Regular Employees of Gulf Air Company. Contract Labour System Found to be a Sham Designed to Avoid Liability Under Industrial Disputes Act, 1947.

The case involves two writ petitions arising from an award of the Industrial Tribunal dated 23rd May 2006 in Reference CGIT 20 of 2001. The Central Go...

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Bombay High Court Allows Back Wages to Employee Acquitted in Corruption Case — Denial Must Be Reasoned. Reinstatement After Acquittal Does Not Automatically Entitle Back Wages; Employer Must Consider Nature of Acquittal and Conduct Under Articles 14 and 16 of Constitution.

The petitioner, Ramchandra Bapusaheb Desai, was employed as a Junior Engineer with the Maharashtra State Electricity Distribution Company Limited (res...

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Bombay High Court Quashes Notification Removing Waqf Board Member for Ceasing to be Bar Council Member — Holds That Section 14(1)(b)(iii) of Waqf Act, 1995 Does Not Apply to Members Appointed from Bar Council Category.

The petitioner, Asif Shaukat Qureshi, was a lawyer and former Chairman of the Bar Council of Maharashtra and Goa. He was appointed as a member of the ...

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Bombay High Court Upholds Reinstatement of Workman in Absenteeism and Assault Case, Reduces Backwages to 25%. Industrial Court's reduction of backwages from 50% to 25% upheld as workman failed to prove he was not gainfully employed during dismissal period.

The petitioner, Sahebrao Khemaji Kale, a workman employed as a Painter and later Moulder with Paras Agro Engineering Work, was dismissed from service ...

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Bombay High Court Allows Writ Petition in Rent Control Case — Landlord's Bonafide Requirement Established. Eviction Upheld Under Section 16 of the Maharashtra Rent Control Act, 1999 for Non-Payment of Rent and Subletting.

The case involves a writ petition filed by a retired army officer (landlord) against the dismissal of his eviction suit by the lower appellate court. ...