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Supreme Court Allows Appeal in Part and Refers Question of Law to Larger Bench in MSMED Act Dispute. Registration Under Section 8 of MSMED Act, 2006 Not a Precondition for Reference Under Section 18, but Issue Requires Authoritative Determination by Three-Judge Bench.

The Supreme Court of India heard an appeal by NBCC (India) Ltd. against the State of West Bengal and others, concerning a dispute with M/s Saket Infra...

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Madras High Court Dismisses Appeal of Contract Labourer Seeking Absorption from 1992 and Half-Service Counting. Seniority among contract labourers does not arise for absorption; delay in absorption due to verification does not entitle retrospective regularization.

The appellant, T. Sivaraman, filed a Writ Appeal against the order dated 19.09.2022 in W.P.No.25469 of 2016, wherein his claim for absorption on par w...

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Bombay High Court Upholds TDS Provisions Under Goa VAT Act for Works Contracts — Rule 4A and Entry C-14 Held Valid. Amendment to Section 28(1) of Goa Value Added Tax Act, 2005 for deduction of tax at source from payments to contractors is constitutionally valid and not ultra vires.

The petitioners, including the All Goa Contractors Association and four contractor companies, challenged the constitutional validity of Rule 4A insert...

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Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ...

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Karnataka High Court Upholds Reinstatement of Contractual Workmen in BESCOM Case — Compensation Reduced to Rs.75,000 Each. Workmen Appointed on Contract Basis for Specific Period Held Entitled to Reinstatement with Continuity of Service but Without Backwages Under Industrial Disputes Act, 1947.

The case involves writ appeals filed against an order of a learned Single Judge who upheld the award of the Labour Court but directed payment of Rs.75...

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High Court of Karnataka Dismisses Appeal Against Arbitral Award in Construction Contract Dispute. Court upholds rejection of claims for additional payment due to lack of evidence and failure to prove that extra work was ordered by the Railways.

The appellant, M/s. N.N. Constructions, a proprietary concern, filed a commercial appeal under Section 37(1)(c) of the Arbitration and Conciliation Ac...