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Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Non-Arbitrability. Disputes Relating to Termination for Convenience and Non-Compete Obligations Held Not Arbitrable Under Section 16 of Arbitration and Conciliation Act, 1996.

The petitioner, Capalpha Trade Private Limited, filed a commercial arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Dismisses Wife's Petition Challenging Husband's Right to Enter Matrimonial Home Under Domestic Violence Act. Shared Residence Ordered for Both Spouses in Large Matrimonial Home Comprising Multiple Flats.

The petitioner-wife challenged a part of the order of the learned Judge, 2nd Family Court, Mumbai, dated 15th June 2010, which did not restrain the re...

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Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

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Madras High Court Dismisses Workmen's Appeal in Contract Labour Wage Claim — No Employer-Employee Relationship Established Under Section 33C(2) of Industrial Disputes Act, 1947. Workmen failed to prove direct employment with principal employer, and closure compensation already paid by contractor.

The appellants, a group of workmen, filed a writ appeal against the order of a single judge in WP No. 25872 of 2018 dated 03.08.2023. The workmen were...

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Bombay High Court Allows Daughter's Appeal Against Dismissal of Petition Challenging Father's Marriage Under Order 2 Rule 2 CPC. Family Court Erred in Holding That Earlier Suit for Declaration of Marriage as Void Was Barred by Res Judicata as Cause of Action Was Different.

The appellant, Mrs. Nayana M. Ramani, is the married daughter of late Mr. Navnitlal R. Shah. The respondent, Mrs. Fizzah Navnitlal Shah, claims to hav...

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Bombay High Court Dismisses Employer's Challenge to Industrial Court Orders in Newspaper Employee Reinstatement Cases — Held that Workmen are Entitled to Reinstatement with Continuity of Service and Back Wages for Unfair Labour Practices Under MRTU & PULP Act, 1971.

The judgment involves a batch of writ petitions filed by Lokmat Media Private Limited (formerly Lokmat Newspapers Private Limited) challenging orders ...

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Bombay High Court Allows Appointment of Sole Arbitrator in Multimodal Transport Dispute — Arbitration Clause in Bill of Lading Held Valid and Binding. The court applied the prima facie test under Section 11(6A) of the Arbitration and Conciliation Act, 1996, and appointed a retired judge as arbitrator.

The applicant, Nagreeka Indcon Products Pvt. Ltd., a manufacturer of aluminium foil containers, sought appointment of a Sole Arbitrator under Section ...

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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...