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Bombay High Court Partially Allows Challenge to Arbitral Award in Insurance Dispute — Floater Policy Interpretation Upheld. Court remits issue of loss assessment for reconsideration under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Boghara Polyfab Private Limited, had obtained a Fire and Special Perils Policy from the respondent, National Insurance Company Li...

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Supreme Court Holds Public Procurement Policy for MSEs Enforceable, Issues Directions on Minimum Turnover Clauses. The Court ruled that the Procurement Order 2012 has force of law and that minimum turnover clauses must be proportionate, directing effective implementation of the 25% procurement mandate.

The petitioner, a Micro Enterprise and its founder, challenged the legality of minimum turnover clauses in government tenders that prevented their par...

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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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Bombay High Court Dismisses Petitioner's Challenge to Disqualification from Tender for Violation of Non-Compete Clause. Clause 8.31 of Licence Agreement Between GTI and JNPT Prohibited Promoters from Bidding for Competing Projects, and Subsequent Government Policy Could Not Be Read into Existing Contract.

The petitioner, APM Terminals B.V., a Dutch company, along with Container Corporation of India Ltd (CONCOR), formed a joint venture company called Gat...

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Bombay High Court Dismisses Petition Challenging LIC's Reduction in Gratuity Fund Policy Surrender Value. LIC's decision to pay 92.5% of cash accumulation upheld as consistent with policy terms and not arbitrary.

The petitioners, trustees of the Godrej & Boyce Manufacturing Company Limited Employees’ Gratuity Trust Fund, had taken out a group gratuity policy ...

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Supreme Court Allows Appeal in Remission Policy Applicability Case — 2002 Policy Governs Convicts Sentenced Before 2008 Policy Came Into Effect. The Court held that the policy in force at the time of conviction applies, and subsequent policy cannot be applied retrospectively to deny remission.

The appellant, Parveen Kumar @ Parveen Chauhan, was convicted for the murder of a 12-year-old child on 3rd January 2009 under FIR No.670 of 2007. He w...