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Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

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Bombay High Court Issues Rule in Criminal Contempt Reference Against Accused for Threatening and Scandalizing Metropolitan Magistrate. Persistent Harassment, Intimidation, and Obstructing Judicial Proceedings Prima Facie Constitute Criminal Contempt Under Section 2(c) of Contempt of Courts Act, 1971.

The matter arose from a criminal contempt reference made by the Metropolitan Magistrate, 17th Court, Borivali, Mumbai, under Section 15(2) of the Cont...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Land Sale Dispute. Court Holds That Section 34 Petition Cannot Be Used to Reappreciate Evidence and That Award Was Not Perverse.

The case involves an arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment of the Principal Dist...

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Bombay High Court Dismisses Petition Challenging Ex-Parte Arbitral Award in Loan Recovery Dispute. Court holds that non-participation in arbitration despite notice and failure to prove fraud or bias does not warrant setting aside award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, The Loot (India) Pvt. Ltd. and its directors, were borrowers and guarantors who had taken a loan from Reliance Capital Limited (the f...

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Supreme Court Directs Appointment of Disabled Army Veteran as ITAT Member -- Quashes Compulsory Retirement Finding Mala Fide Actions and Departmental Vendetta -- Upholds SCSC Recommendations in Writ Petition Under Article 32

The Supreme Court allowed a writ petition filed by Captain Pramod Kumar Bajaj against the Union of India and another respondent -- The petitioner, a d...