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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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Supreme Court Partially Allows Appeal in Arbitration Dispute Over Canal Construction Contract — Upholds Arbitrator's Award on Premium Rate at 93.12% for Extra Work, Remits Claim No.8 for Reconsideration, and Restores Interest at 12% Per Annum

The dispute arose from a contract dated 05.02.1985 between Chandigarh Construction Co. Pvt. Ltd. (claimant) and the State of Punjab (opposite party) f...

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High Court of Bombay Adjudicates Writ Petitions Challenging Desilting Policy Tender Conditions as Arbitrary and Unconstitutional. Petitioners Contend Conditions Violate Articles 14 and 19(1)(g) and Disregard Court's Directive in PIL No.143 of 2012.

The High Court of Bombay heard four connected writ petitions challenging certain conditions stipulated in a Government Resolution dated 03.08.2018 iss...

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High Court of Karnataka Quashes Criminal Proceedings Against Contractor in Section 482 Cr.P.C. Petition. FIR Under Sections 379, 406, 420 IPC Quashed as Dispute Was Civil in Nature and Complaint Filed as Counterblast for Recovery of Money.

The dispute arose from a construction contract between Modern Asset (petitioner) and KNK Constructions Private Limited (2nd respondent). The 2nd respo...

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High Court of Judicature at Bombay, Nagpur Bench, Reviews Disqualification in Public Works Tender for Technical Bid Irregularities. Writ Jurisdiction Exercised to Examine Alleged Arbitrary Rejection of Bid Under Article 14 amid Dispute over Masonry Experience Certificates.

The writ petition was filed before the High Court of Judicature at Bombay, Nagpur Bench, challenging the disqualification of the petitioner from the t...

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Bombay High Court Upholds Tribunal's Finding of Export Sale Under Section 5(1) Central Sales Tax Act, 1956 — Sale Completed by Transfer of Documents After Goods Crossed Customs Frontiers. Letter Dated 16/7/1971 Did Not Alter Original Contract Terms; Sale Held in Course of Export.

The case involves a sales tax reference under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the Commissioner of Sales Tax, Mahar...

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Bombay High Court Dismisses Petition Challenging Tender Rejection in Coal Transportation Contract. Joint Venture's Bid Rejected for Non-Compliance with Mandatory Experience Condition.

The petitioners, a joint venture between M/s. B. Himmatlal Agrawal and M/s. Puniya Coal Roadlines, challenged the rejection of their bid by Western Co...