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Bombay High Court Considers Whether Minutes of Meeting Converted Force Majeure Clause into Assured Return Mechanism, Interpreting Clauses 3.4.19 and 3.7.2 of Construction Agreement. Appeal Challenges Arbitral Interpretation That State Must Compensate for Any Toll Collection Drop Exceeding 20%.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 arose from a dispute concerning a build-operate-transfer (BOT) contract for ...

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Supreme Court Examines Vires of Tribunals Reforms Act, 2021 Amidst Concerns Over Judicial Independence. Petitioners Argue That Provisions on Appointment, Tenure, and Removal of Tribunal Members Undermine the Constitutional Balance of Power.

The judgment involves a batch of writ petitions challenging the vires of the Tribunals Reforms Act, 2021. The petitioners, led by the Madras Bar Assoc...

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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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Supreme Court Upholds High Court Judgments on Creamy Layer Determination for OBC Reservation in Civil Services. Inclusion of Salary Income for PSU Employees Under Category II(C) of Office Memorandum Dated 08.09.1993 Found Discriminatory and Set Aside Due to Violation of Article 14.

The Supreme Court dealt with three consolidated civil appeals arising from separate High Court judgments concerning the determination of creamy layer ...

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Supreme Court Clarifies Scope of Merger Control Disclosure Obligations and Limits of CCI's Powers After Approval. The Court Emphasizes That CCI's Authority Must Be Traced to the Act and That Disclosure Must Present the Transaction in Substance.

The case arises from an appeal under Section 53T of the Competition Act, 2002, filed by Amazon.com NV Investment Holdings LLC before the Supreme Court...

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Bombay High Court Examines Whether Writ Petition Lies Against National Stock Exchange for Termination. Maintainability Questioned on Grounds That NSE is Not State Under Article 12 and Dispute is Contractual.

The petitioner, Suprabhat Lala, was appointed as a Manager with the National Stock Exchange (NSE) on 1 October 2001 under terms and conditions set out...

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High Court of Karnataka Declines to Interfere in Tender Award for Ash Handling Plant; Holds Scope of Judicial Review Limited and Finds No Arbitrariness in Awarding Contract to Lowest Bidder Consortium Despite Office Memorandum Barring Chinese Companies.

The writ petition was filed by Macawber Beekay Pvt. Ltd. challenging the notice inviting tender dated 24.06.2022 and the consequent letter of intent i...

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Supreme Court Upholds NGT Order Quashing Environmental Clearance for Peripheral Ring Road Due to Stale EIA Data. Primary Data Collected Over Three Years Before Submission Invalidates Clearance Under EIA Notification 2006.

The appeal arose from a judgment of the National Green Tribunal (NGT) dated 8 February 2019 quashing the Environmental Clearance (EC) granted to the B...