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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 at Goa Quashes Lokayukta Investigation in Tourism Contract Case for Lack of Jurisdiction. Lokayukta Cannot Investigate Matters Already Decided by Competent Authority Under Section 12 of the Goa Lokayukta Act, 2011.

The case involves three writ petitions filed by Bhumika Cleantech Services Pvt. Ltd., Manish R. Mohata, and Ram Cleansers & Developers Pvt. Ltd. chall...

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Bombay High Court Allows Compassionate Appointees' Petitions Against Requirement of Tribe Validity Certificate. Compassionate Appointment Is Not a Reservation Benefit, Hence No Need for Caste Validity Certificate Under the Maharashtra Caste Certificate Act, 2000.

The judgment concerns two writ petitions filed by individuals who were appointed on compassionate grounds after the death of their father/mother who w...

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High Court of Karnataka Allows Contractor's Petition Against Deduction of Labour Welfare Cess. Cess Cannot Be Deducted Unless Included in Estimate or Tender Notification Under Building and Other Construction Workers' Welfare Cess Act, 1996.

The petitioner, R.N. Parameshwarappa, a Class-I Civil Contractor, filed a writ petition under Articles 226 and 227 of the Constitution of India seekin...

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High Court of Karnataka Allows Contractor's Petition Against Deduction of Labour Welfare Cess. Cess Cannot Be Deducted Unless Included in Estimate or Tender Notification Under Building and Other Construction Workers' Welfare Cess Act, 1996.

The petitioner, R.N. Parameshwarappa, a Class-I Civil Contractor, filed a writ petition under Articles 226 and 227 of the Constitution of India seekin...

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High Court of Bombay Dismisses ONGC's Challenge to Arbitral Award in Contract Dispute with Western Geco International Ltd. — Delay in Payment of Mobilization Advance Constituted Breach by ONGC, Entitling Contractor to Damages of US$ 2,936,607.82.

The case involves a challenge by Oil & Natural Gas Corporation Ltd. (ONGC), a public sector undertaking, against an arbitral award dated 4-2-2005 made...

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Bombay High Court Allows Public Interest Litigation for Directions to Provide Hygienic Public Toilets to Women Walking on Streets. Obligatory Duty of Municipal Corporations to Construct and Maintain Latrines Under Section 63 and 61 of Respective Acts Held Inseparable from Right to Life with Dignity.

A public interest litigation was filed in the High Court of Judicature at Bombay under Article 226 of the Constitution of India, raising critical issu...

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Bombay High Court Allows Appeal Against Illegal Electricity Demand by Government of Goa. Demand of Rs. 48,50,360/- for Electricity Charges from Successor Company Set Aside as Without Authority of Law Under Electricity Act, 1910 and Indian Contract Act, 1872.

The appellants, Shri Ambey Forging Pvt. Ltd. and its director Pawan Lila, filed an appeal against the judgment and decree dated 31/03/2007 of the Ad h...

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High Court Examines Maintainability of Writ Petition Challenging Execution of MSME Arbitral Award on Grounds of Fraud. Court Considers Whether Execution Proceedings Can Be Quashed When Award Was Not Challenged Under Section 34 of Arbitration Act, 1996, Despite Participation in Arbitration.

The petitioner, Karnataka State Medical Supplies Corporation Limited, floated a tender for supply of drugs and disposable delivery kits. The responden...