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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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Bombay High Court Dismisses Writ Petition Challenging RBI Circular on Resolution of Stressed Assets. Circular dated 12.02.2018 held to be valid and within RBI's powers under Sections 35A and 35AB of the Banking Regulation Act, 1949.

The petitioners, Jayaswal Neco Industries Limited and Jayaswal Holdings Private Limited, filed a writ petition under Article 226 of the Constitution o...

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High Court of Karnataka Adjudicates Intra-Court Appeals Against Order Upholding Blocking of Electronic Credit Ledgers Under Rule 86A of CGST Rules; Considers Requirement of Pre-Decisional Hearing and Bonafide Purchaser Protection.

The appeals arose from a common order dated 27.07.2023 passed by a Single Judge in a batch of writ petitions, rejecting the contentions of the appella...

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Supreme Court Partially Allows Workmen's Appeal in Industrial Dispute Against Ghaziabad Nagar Nigam — Reinstatement with 30% Back Wages Upheld for Directly Engaged Gardeners. Termination During Conciliation Proceedings Violated Section 6E of U.P. Industrial Disputes Act, 1947.

The case involves appeals by workmen (Gardeners) and the employer (Ghaziabad Nagar Nigam) against a High Court judgment modifying Labour Court awards....

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Supreme Court Allows Appointment of Arbitrator in Defence Contract Dispute Over Encashment of Warranty Bond. The court held that the claims were not barred by limitation as bilateral discussions continued until 2019, and the arbitration clause covered the dispute.

The petitioner, a Swiss company engaged in arms manufacturing, entered into a contract with the Ministry of Defence, Government of India, for supply o...

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Supreme Court Restores Fee Regulatory Committee's Determination in Telangana Professional College Fee Dispute. Court Sets Aside High Court's Re-determination of Fees for B.E./B.Tech Courses for Block Period 2016-2019, Upholding Expert Committee's Uniform Fee of Rs.97,000 per Student.

The Supreme Court considered appeals arising from a dispute over the fixation of fee structure for B.E. and B.Tech courses in private unaided professi...

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COMMERCIAL ARBITRATION APPEAL NO.10 OF 2024

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Bombay High Court Allows Petition Challenging Disqualification in Tender for Supply of Micronutrient Supplements Due to Arbitrary Evaluation. Court Sets Aside Rejection of Technical Bid and Directs Re-evaluation with Transparency.

The petitioner, M/s. Pharmaveda (I) Pvt. Ltd., a manufacturer of specialty food products including dietetic foods, challenged its disqualification in ...

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High Court of Bombay at Goa Dismisses Petitioner's Challenge to Land Acquisition Award Due to Unexplained Delay of 14 Years and Availability of Alternative Remedy. Petitioner Claiming Tenancy Rights Failed to Seek Reference Under Section 18 of Land Acquisition Act, 1894.

The petitioner, Fomento Resorts and Hotels Ltd, filed a writ petition under Article 226 of the Constitution of India challenging the land acquisition ...