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High Court of Judicature at Bombay Considers Challenge to University’s Denial of Permanent Approval to Contractually Appointed Lecturers. Petitioners Alleged Violation of UGC Exemption Norms After Acquiring M.Phil During Continuous Service.

The writ petition under Article 226 of the Constitution of India was filed by three lecturers—Ram Phawade, Shivaji Shinde, and Shrimant Bhalke—aga...

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Bombay High Court Upholds Industrial Tribunal Award Reinstating Contract Workers as Regular Employees of Gulf Air Company. Contract Labour System Found to be a Sham Designed to Avoid Liability Under Industrial Disputes Act, 1947.

The case involves two writ petitions arising from an award of the Industrial Tribunal dated 23rd May 2006 in Reference CGIT 20 of 2001. The Central Go...

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Bombay High Court Dismisses Municipal Council's Appeal Against Decree in Terms of Arbitral Award in Octroi Collection Dispute. Court Holds That Objections Under Section 30 of Arbitration Act, 1940 Cannot Be Raised After Award Is Made Rule of Court.

The appellant, Ambernath Municipal Council, a body corporate under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, ...

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Supreme Court Quashes High Court Judgment in Tender Dispute, Reinstates Award to Lowest Bidder. The High Court exceeded its jurisdiction by substituting its interpretation of tender conditions for that of the tendering authority, violating principles of judicial review under administrative law.

The dispute arose from a Tender Call Notice dated 30.12.2019 issued by the Office of the Superintendent, SCB Medical College and Hospital, Cuttack, fo...

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Bombay High Court Allows Appeal in Part in Flat Purchase Dispute — Earnest Money Refund with Daily Fine and Compound Interest Upheld but Reduced. Clause 4 of Agreement for Construction and Sale Held to Be a Valid Forfeiture Clause, Not a Penalty, Under Section 74 of the Indian Contract Act, 1872.

The plaintiff, Dr. Jagdish J.N. Counte, entered into a written agreement dated 13.4.96 with the defendant, M/s. Carl Estate Private Limited, for the p...