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Supreme Court Allows Appointment of Arbitrator in Dispute Over Encashment of Performance Bank Guarantee After Full Contractual Performance. Arbitration Clause Covers Dispute Despite Completion of Contract and Payment.

The petitioner, M/S Glock Asia-Pacific Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointme...

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Bombay High Court Quashes Second Departmental Enquiry Against RPF ASI for Same Misconduct — Double Jeopardy Principle Under Article 20(2) of Constitution and Rule 219.4(b) of Railway Protection Force Rules, 1987 Bars Re-prosecution After Final Punishment

The petitioner, Ramrao Maroti Shinde, an Assistant Sub-Inspector in the Railway Protection Force (RPF), was subjected to a departmental enquiry in May...

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Bombay High Court Allows Petition of Supplier Against Western Coalfields Limited for Withholding Admitted Dues. Withholding of Payment Based on Vigilance Report Without Hearing Violates Natural Justice.

The petitioner, Sujyoti India (P) Limited, a private limited company and authorized distributor of SKF India Limited, entered into a rate contract wit...

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High Court of Judicature at Bombay Allows State Appeal Against Release on Probation in Motor Vehicles Act Case. Section 184 Conviction Requires Mandatory Sentence of Imprisonment or Fine, Not Probation.

The State of Maharashtra filed an appeal against the order of the Joint Judicial Magistrate, First Class, Bhusawal, dated 31st May 2003 in Summary Cri...

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Bombay High Court Dismisses Appeal by Union of India Against Arbitral Award in Contract Dispute. Court Upholds Arbitrator's Interpretation of 'Fall Clause' in Repeat Order for Supply of PSC Sleepers Under Section 34 of Arbitration and Conciliation Act, 1996.

The case involves an appeal by the Union of India (Central Railway) against an order of a learned Single Judge dismissing its challenge under Section ...

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Bombay High Court Quashes Criminal Case Against Directors and Company in Food Adulteration Matter Due to Lack of Vicarious Liability. Failure to Show That Accused Were In Charge of and Responsible for Business Conduct at Time of Offence Under Prevention of Food Adulteration Act, 1954.

The applicants, who were directors and a company (Marico Industries Ltd.), filed an application under Section 482 of the Code of Criminal Procedure, 1...

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Bombay High Court Quashes Compulsory Retirement of RPF Constable for Dog's Bite Incident — Holds That Disciplinary Authority Cannot Impose Higher Punishment Without Providing Opportunity of Hearing to Delinquent Under Railway Servants (Discipline and Appeal) Rules, 1968.

The petitioner, a constable in the Railway Protection Force (RPF) working as a dog handler of a dog named 'Rover', was subjected to disciplinary proce...

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Bombay High Court Allows Writ Petition Challenging Customs Assessment Order Based on Ultra Vires Standing Order. Standing Order No.36/2008 held ultra vires Section 14 of Customs Act, 1962, and assessment order set aside for breach of natural justice.

The petitioner, Life Style International Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court ...

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Bombay High Court Dismisses Petition Challenging Industrial Court Order for Reinstatement with Full Back Wages. Termination of Workmen Held to Be Colourable Exercise of Employer's Rights and Victimization Under Industrial Disputes Act, 1947.

The petitioner, Anglo French Drugs & Industries Ltd., challenged an order of the Industrial Court dated 11th April 2002, which allowed a revision appl...