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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 Allows Raymond Limited's Appeals in Central Excise Cenvat Credit Dispute. Cenvat Credit of AED (T&TA) on Inputs Can Be Utilized for Payment of BED on Final Products.

The appellant, Raymond Limited, is a company manufacturing blankets from woollen fibres. The blankets attract only Basic Excise Duty (BED) and not Add...

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Bombay High Court Dismisses Writ Petitions Challenging Transfer Order of Government Officer in Town Planning Department — Upholds State's Power of Transfer as an Incident of Service. Transfer Order Issued in Public Interest and Not Vitiated by Malafides or Violation of Statutory Rules.

The petitioner, Shri Noreshwar Raghunathrao Shende, was serving as Director of Town Planning, Maharashtra State, Pune. He was transferred to the post ...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Coal Supply Dispute — No Ground for Interference Under Section 34 of Arbitration Act. Court upholds award of damages for short supply of coal, finding no patent illegality or conflict with public policy.

The petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Mahaguj Collieries Ltd. (original respondent) challenging an ...

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Supreme Court Upholds Management’s Right to Close Depots, Dismisses Workmen’s Appeal. Closure of Branch Depots Held to be Managerial Function Not Subject to Industrial Tribunal’s Adjudication Under Industrial Disputes Act, 1947.

The Indian Leaf Tobacco Development Co. Ltd., an associate of Imperial Tobacco Company Ltd., carried on the business of purchasing, processing, and ex...

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Bombay High Court Dismisses Writ Petition Seeking De-reservation of Lecturer Post and Regularization of Services. Petitioner failed to establish any legal right to de-reservation or regularization under Government Resolution dated 5th December 1994.

The petitioner, Varsha Manohar Dhongade, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at B...

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Bombay High Court Allows Writ Petition Challenging Dismissal of Employee Without Proper Domestic Inquiry — Violation of Natural Justice and Service Rules. The court held that dismissal without a proper domestic inquiry is invalid and directed reinstatement with back wages.

The case involves a writ petition filed by Mrs. Vatsala Premchand Sarmal, the petitioner, challenging the dismissal of the First Respondent, Mr. Raghu...