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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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Bombay High Court Allows Appeal and Enhances Compensation in Motor Accident Claim Case — Widow and Minor Children of Deceased Awarded Enhanced Compensation for Death of Breadwinner. Negligence of Trax Driver Established; Insurance Company Liable to Pay Compensation Under Motor Vehicles Act, 1988.

The appeal arises from a judgment and award dated 18/10/2013 passed by the Claims Tribunal, Nagpur in M.A.C.P No.686/2008. The appellants, being the w...

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Bombay High Court Dismisses Petition Challenging Appointment of Administrator for Co-operative Housing Society Under Section 77A of MCS Act, 1960. Court upholds Registrar's power to appoint administrator when committee fails to convene annual general meeting and elections are overdue.

The petitioners, members of Ganga Bhavan Co-operative Housing Society Limited, challenged the appointment of an administrator by the Deputy Registrar ...

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Bombay High Court Upholds Railway Board's Catering Licensing Policy — License Fee and Gross Sales Share Not Arbitrary. The policy requiring licensees to pay a share of gross sales is a valid contractual term and does not violate Article 14 or Article 19(1)(g) of the Constitution.

The petitioners, various catering associations and individual licensees, challenged the Railway Board's policy dated 1st April 2013 and subsequent cir...

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High Court of Bombay at Goa Quashes Charges Under SC/ST Act for Lack of Public View Element in Caste-Based Insult Allegation. Offence under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 requires insult to be in public view, which was absent as incident occurred inside a house.

This judgment arises from a criminal revision application filed by three applicants (original accused) challenging an order dated 07/09/2015 passed by...

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High Court Dismisses Petition by Apprentices Seeking Absorption as Regular Officers Under Apprentices Act, 1961. No Automatic Right to Absorption Exists Under Section 22(1) of the Act, and Employer Retains Discretion in Recruitment, with Writ Jurisdiction Limited to Policy Enforcement.

The petitioners, who were appointed as Graduate Apprentice Trainees by Hindustan Petroleum Corporation Ltd. (HPCL) in 2016-2017, filed a writ petition...

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Supreme Court Sets Aside Appointment Orders in Steel Plant Recruitment Case Due to Lack of Evidence of Passing Written Examination. No Indefeasible Right to Appointment Exists When Candidate Not Shown to Have Passed Examination and Records Destroyed Bona Fide.

The Supreme Court disposed of appeals by Appellants against the Calcutta High Court's judgment affirming the Central Administrative Tribunal's order d...

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Madras High Court Dismisses FCI's Appeal in Customs Duty Refund Case — Limitation for Appeal Under Section 128 Cannot Be Condoned. Import of Section 129A to condone delay in first appeal under Section 128 is impermissible as Customs Act is a complete code.

The Food Corporation of India (FCI) filed a Civil Miscellaneous Appeal under Section 130(1) of the Customs Act, 1962 read with Section 104 of CPC, cha...