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High Court of Bombay Hears Commercial Arbitration Appeal on Arbitrator Ineligibility Under Section 12(5) of Arbitration and Conciliation Act. Consent to Appointment of Managing Director as Sole Arbitrator Raises Question of Waiver and Patent Illegality.

The dispute arose from an agreement dated 30 October 2013 between the appellant, a contractor, and the respondent, a private limited company engaged i...

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Bombay High Court Allows Default Bail to Accused in MCOCA Case Due to Failure to File Charge Sheet Within 90 Days. Section 167(2) CrPC Entitles Accused to Indefeasible Right to Bail if Investigation Not Completed Within Statutory Period.

The appellants, nine individuals, were arrested in connection with Crime No. 179 of 2018 registered at Anandnagar Police Station, Osmanabad, for vario...

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KAHC010366622012_1

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High Court Dismisses Union of India's Challenge to Arbitral Award in Contractual Dispute Over Liquidated Damages. Arbitrator's finding that liquidated damages were not recoverable due to absence of proof of loss upheld under Section 34 of the Arbitration and Conciliation Act, 1996.

The Union of India, acting through the Controller of Stores, Western Railway, filed a petition under Section 34 of the Arbitration and Conciliation Ac...

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Madras High Court Delivered Common Order in Writ Petitions Seeking FIR Registration and SIT Investigation into Alleged Cartelization in TANGEDCO Transformer Tenders. The Court Examined Allegations of Identical Bidding and Inflated Procurement Costs Causing Loss of Rs.397 Crores to Public Exchequer.

The judgment pertains to three writ petitions filed under Article 226 of the Constitution of India, heard analogously by the Madras High Court. The pe...