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Supreme Court Allows Appeal Against Arbitrator Appointment in Tender Dispute Due to Absence of Concluded Contract. No Valid Arbitration Agreement Found as Letter of Intent Was Contingent on Formal Work Order Under Section 7 of Arbitration and Conciliation Act, 1996.

The dispute arose between Maharashtra State Electricity Distribution Company Limited (MSEDCL), a state government electricity distribution utility, an...

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Madras High Court Upholds Permanent Pension Cut for Corruption in Co-operative Department — Demand and Acceptance of Bribe for Rejoining Duty Proved. Disciplinary Authority's Decision Based on Enquiry Report and TNPSC Opinion Not Interfered With Under Article 226.

The petitioner, S. Ponmani, while serving as Additional Registrar of Co-operative Societies, was issued a charge memo on 05.05.2005 alleging that he d...

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Madras High Court Dismisses Writ Petition Challenging Permanent Pension Cut for Corruption in Co-operative Department. Disciplinary Proceedings for Demand and Acceptance of Bribe Upheld as Findings Were Based on Evidence and Not Perverse.

The petitioner, S. Ponmani, while serving as Additional Registrar of Co-operative Societies, was issued a charge memo on 05.05.2005 alleging that he d...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Quashes Show Cause Notice Issued on Retirement Day for Non-Submission of Caste Validity Certificate. Departmental Action Initiated After Superannuation Without Pending Proceedings or Pension Disallowance Is Barred by Service Rules.

The petitioner, Narendra K. Kumbhare, was employed with United India Insurance Co. Ltd. from 24.04.1985 as a Typist and was promoted over the years, u...

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Supreme Court Allows Appellant in Mining Auction Dispute Due to Arbitrary Forfeiture of Earnest Money. Writ Jurisdiction Exercised Under Article 226 of the Constitution as Government Action Was Unreasonable and Facts Were Undisputed, Directing Refund of Forfeited Amount.

The dispute arose from a mining auction conducted by the Directorate of Mining, Industries and Commerce Department, Chandigarh, Punjab. The appellant,...

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Bombay High Court Dismisses Appeals Against Admission of Winding-Up Petitions Under Companies Act, 1956 — Held That Company Court Has Discretion to Appoint Provisional Liquidator and That Appeal Against Admission Order Is Not Maintainable Under Section 483 of the Companies Act, 1956.

The judgment concerns a batch of appeals filed by Vision Millennium Exports Pvt. Ltd. against orders of the Company Court admitting winding-up petitio...

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High Court of Bombay at Goa Allows Refund Claim Without Challenging Nil Assessment Order in Customs Duty Case. Assessee Entitled to Refund of Excess Duty Paid Under Provisional Assessment Despite Nil Assessment Order.

The case involves an appeal by Sesa Goa Ltd against the Commissioner of Customs, Panaji Minor Port, regarding a refund claim for excess customs duty p...

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Bombay High Court Quashes Promotions in Municipal Corporation Due to Non-Compliance with Reservation Policy and Seniority Rules. The court held that promotions must follow the prescribed reservation policy and consider seniority, and directed reconsideration of promotions.

The petitioner, Narendra Barde, filed a writ petition under Article 226 of the Constitution of India challenging the promotion of Respondent Nos. 2 an...

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Bombay High Court Dismisses Writ Petitions Challenging DRAT Order Confirming Sale of Company Property in Favour of Auction Purchaser. Workers' Dues and Alleged Irregularities Do Not Justify Annulment of Concluded Auction Sale Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The judgment concerns three writ petitions filed under Article 226 of the Constitution challenging an order of the Debts Recovery Appellate Tribunal (...