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Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where requests for arbitration were made before the Amendment Act, 2015 came into force, the pre-amended provisions apply, and the High Court must respect the agreed procedure for appointment of arbitrator under Clause 64(3) of GCC.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Allows Insurance Company's Appeal, Sets Aside Arbitrator Appointment in Insurance Claim Dispute. Full and Final Settlement Discharge Voucher Signed Without Demur Bars Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

28 Mar 2019

The Supreme Court of India heard appeals by United India Insurance Co. Ltd. against a Delhi High Court order appointing an arbitrator under Section 11...

Supreme Court

Supreme Court Dismisses Appeal Against NCDRC Order Rejecting Insurance Claim for Road Damage Due to Normal Wear and Tear Exclusion. The appellant failed to prove that the damage was caused by abnormal rainfall and not normal wear and tear under Section 1 of the insurance policy.

25 Mar 2019

The appellant, Mahavir Road and Infrastructure Pvt Ltd., was undertaking road resurfacing and asphalting in Nashik and obtained an insurance policy fr...

Supreme Court

Supreme Court Dismisses Appeal of Nursing College Seeking Recognition for B.Sc and M.Sc Nursing Courses. Appellant failed to submit complete application and lacked own Parent Hospital as required by Indian Nursing Council guidelines.

15 Mar 2019

The appellant, Pt. Bateswari Dayal Mishr Shiksha Samiti, runs Dayal Nursing College, Gwalior, and claimed to have been running B.Sc (Nursing) since 20...

Supreme Court

Supreme Court Dismisses HUDA's Appeal Due to Inordinate Delay of 1942 Days in Filing Second Appeal. Statutory Authority's Negligence in Timely Filing Does Not Constitute Sufficient Cause Under Section 5 of Limitation Act.

12 Mar 2019

The case involves an appeal by the Haryana Urban Development Authority (HUDA) against the dismissal of their second appeal by the Punjab & Haryana Hig...

Supreme Court

Supreme Court Upholds 10% Deposit Condition in Arbitration Clause as Valid in Commercial Contracts. Clause requiring deposit-at-call of 10% of claim amount before invoking arbitration is not arbitrary or discriminatory under Article 14.

11 Mar 2019

The case arose from a tender issued in 2008 by the Punjab State Water Supply & Sewerage Board for water supply and sewerage projects. The appellant, M...

Supreme Court

Supreme Court Dismisses Appeal in Seniority Dispute Over Catch-Up Rule for Reserved Category Promotions. Consequential Seniority for Scheduled Caste Promotee Upheld as Regular Promotion Not Fortuitous.

5 Mar 2019

The case involves a seniority dispute between two officers of the Government of Maharashtra: Sudhakar Baburao Nangnure (appellant, open category) and ...

Supreme Court

Supreme Court Upholds NGT Directions on Buffer Zones for Lakes and Rajakaluves in Bangalore — Environmental Protection Prevails Over Development Rights. The Court held that the NGT's directions for buffer zones of 75 meters around lakes and 25-50 meters around Rajakaluves are valid and must be implemented prospectively, rejecting retrospective application.

5 Mar 2019

The case involves multiple appeals under Section 22 of the National Green Tribunal Act, 2010, challenging orders of the National Green Tribunal (NGT) ...

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