Search Results for "Scope of interference"

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Supreme Court Allows Appeal in Rape Case - Discharge Order Restored as Consent Was Not Based on Misconception of Fact - Relationship Between Married Parties Was Consensual

<p>The Supreme Court allowed the appeal filed by the Appellant against the High Court's order which had set aside his discharge in a rape case -...

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Bombay High Court quashed rejection of technical bid by respondent due to an unreasonable and arbitrary interpretation of tender conditions, directing re-evaluation of the financial bid. Arbitrary Interpretation of Tender Conditions

Constitution of India, 1950 – Article 14–Judicial Review in Tender Matters – Constitutional Courts should interfere only if tender decisions are...

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High Court of Bombay Quashes District Court Judgment, Restores Arbitration Challenge for Fresh Consideration on Grounds of Patent Illegality and Failure to Address Key Contentions. Arbitration Award Set Aside for Reconsideration Under Section 34 of the Arbitration and Conciliation Act, 1996

Scope of Section 34: The Court held that while the scope of interference under Section 34 is limited, the District Judge must consider specific chal...

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Blacklisting Order Set Aside — Violation of Principles of Natural Justice — Procedural Irregularity in Policy Implementation

Constitution of India (COI) — Article 14 — Right to Fair Hearing — Blacklisting order violates principles of natural justice — Absence of prop...

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Motor Vehicle Accident – Compensation – Liability of Minor Driver. Supreme Court absolved the minor of driving liability and upheld enhanced compensation for the claimants while setting aside the recovery direction against the vehicle’s owner.

Constitution of India, 1950 – Article 136 – Reappreciation of Evidence – Scope of interference by Supreme Court – Findings of the lower courts...

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Constitution of India, 1950 – Article 226 – Judicial Review in Disciplinary Proceedings – Preponderance of Probabilities as Standard of Proof in Departmental Enquiries – Limited Scope of Interference in Intra-Court Appeal.

Supreme Court upheld dismissal from service imposed on an Assistant Engineer convicted of bribery, emphasizing that judicial review in disciplinary ma...

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Supreme Court Upholds LPG Distributorship Allotment Despite Allegations of Land Disqualification. Alternative Land Offered Due to Shifting Stance of Lessor – No Disability in Application – Allotment Process Upheld.

Land Disqualification – No Violation Found: The Court found no evidence that the 4th Respondent’s land offer violated guidelines – Field verific...

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Commercial Arbitration Dispute over Development Project Rights. A Dispute on Termination of Development Agreement Leads to Contentious Arbitration and Interim Relief Orders.

In the case under Section 37 of the Arbitration and Conciliation Act, 1996, the Bombay High Court addressed a challenge to an interim relief order pa...

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Supreme Court Restores Arbitral Award; Limits Court Intervention in Arbitration Scope of judicial intervention in arbitration is limited under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.

Acts and Sections Discussed: Arbitration and Conciliation Act, 1996 Section 34: Application for setting aside an arbitral award. Section 37: Ap...

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High Court Modifies Labour Court Award: Compensation Ordered in Lieu of Reinstatement for Dismissed Employees. Nashik Labour Court's decision on reinstatement overturned, Rs. 25 lakh compensation awarded to dismissed workmen instead.

The High Court partially upheld and modified the Labour Court's Award concerning the reinstatement of two dismissed workmen, Mr. R.R. Kanade and Mr. S...