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Supreme Court Allows Appeal in NHAI Contract Dispute — BOQ Rate Applies to Increased Quantity Without Design Change. Variation Clause 52.2 Not Attracted Where Quantity Increase Due to Employer's Erroneous Estimate, Not Engineer's Instruction or Design Change.

The dispute arose out of a contract awarded by the National Highways Authority of India (NHAI) to Somdatt Builders-NCC-NEC(JV) for four-laning of a hi...

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Supreme Court Upholds Licensee in Excise License Cancellation Case Due to Inapplicability of Amended Rules. Liability Limited to Actual Loss with Credit for Departmental Management Fees Under Old Rule 13 of Abkari Shops Departmental Management Rules, 1972, as Contract Predated Amendment.

The dispute arose from the cancellation of a country liquor license by the State of Kerala. The respondent licensee had successfully bid for arrack sh...

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Bombay High Court Allows Appointment of Arbitrator Under Section 11(6) of Arbitration and Conciliation Act, 1996 in Dispute Over Plot Allotment for Hotel Construction. Dispute arose from non-payment of balance lease premium and alleged failure to achieve milestones by CIDCO.

The petitioner, Discovery Properties & Hotels Pvt. Ltd., filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking a...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Earnest Money Deposit in Tender Dispute. Withdrawal of Offer Before Acceptance by Standing Committee Does Not Bar Forfeiture Under Tender Conditions.

The Petitioner, M/s Hasmukhlal & Co., submitted a tender in June 2000 to the Municipal Corporation for Greater Mumbai for supply of road metal. The te...

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Bombay High Court Dismisses ONGC's Challenge to Arbitral Award in FPSO Charter Hire Dispute. Court upholds arbitral tribunal's interpretation of contract clauses and rejection of counterclaims, finding no patent illegality or perversity in the award.

The judgment concerns four arbitration petitions filed by Oil and Natural Gas Corporation Ltd. (ONGC) under Section 34 of the Arbitration and Concilia...

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Bombay High Court Dismisses Union of India's Challenge to Arbitral Award in Construction Contract Dispute. Court upholds arbitrator's findings on rate analysis and rejection of counterclaims under Section 34 of the Arbitration and Conciliation Act, 1996.

The Union of India, through the Executive Engineer, CPWD, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging ...

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High Court of Karnataka Quashes Cancellation of Auction Allotment by Urban Development Authority for Violation of Natural Justice. Petitioner's Auction Allotment of Corner Site Cancelled Without Notice, Court Restores Allotment and Directs Execution of Sale Deed.

The petitioner, Smt. Meenakshi W/o Aravind Guttedar, filed a writ petition under Article 226 of the Constitution of India before the High Court of Kar...