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Bombay High Court Allows Appeal, Restores Arbitral Award in Contractor vs. Irrigation Corporation Dispute. Court Holds That Section 34 Court Exceeded Its Jurisdiction by Reappreciating Evidence and Setting Aside Award on Grounds Not Permitted Under Section 34 of the Arbitration and Conciliation Act, 1996.

The present Commercial Arbitration Appeal was filed by M/s. Shinde & Sons, a contractor, under Section 37 of the Arbitration and Conciliation Act, 199...

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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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Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Arbitrator's Post-Retirement Mandate. Construction contract arbitration clause did not terminate arbitrator's mandate upon retirement, and respondents' participation waived objection to continuation under Indian Arbitration Act, 1940.

The dispute originated from a construction contract dated 06.02.1988 between M/s Laxmi Continental Construction Co. and the State of U.P., involving e...

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Karnataka High Court Quashes FIR Against Government Engineers in Corruption Case Due to Invalid Police Station Notification. Anti-Corruption Bureau Koppal Lacked Notification Under Section 2(s) of Cr.P.C., Rendering FIR Void.

The batch of writ petitions was filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure,...

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Supreme Court Upholds High Court's Contempt Order Directing Family Pension Based on Promoted Post in Bihar Service Pension Case. Notional Salary of Assistant Engineer to Be Considered Despite Alleged Absence from Duty.

The appeal arose from a contempt proceeding initiated by the respondent, Meera Tiwary, widow of late Shri Amardeo Tiwari, who was a government servant...

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Bombay High Court Allows Section 11 Application and Appoints Arbitrator Despite Non-Compliance with Pre-Arbitration Procedure. Respondent's Failure to Object to Invocation of Arbitration Constitutes Waiver of Condition Precedent Under Clause 67 of General Conditions of Contract.

The applicant, M/s. Madhav Structural Engineering Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking a...

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Bombay High Court Dismisses Writ Petition Challenging Transfer Order of MHADA Employee — Transfer Held to Be Administrative Decision Not Subject to Strict Judicial Review Unless Mala Fide or Violative of Statutory Rules.

The petitioner, Balkrishna Dattatraya Joshi, was an employee of the Maharashtra Housing and Area Development Authority (MHADA) working at Dhule. He wa...