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Supreme Court Allows Appeal in NHAI Contract Dispute — BOQ Rate Applies to Increased Quantity Without Design Change. Variation Clause 52.2 Not Attracted Where Quantity Increase Due to Employer's Erroneous Estimate, Not Engineer's Instruction or Design Change.

The dispute arose out of a contract awarded by the National Highways Authority of India (NHAI) to Somdatt Builders-NCC-NEC(JV) for four-laning of a hi...

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Bombay High Court Modifies Labour Court Award in MSRTC Employee Back Wages Case — Full Back Wages Reduced to 50% Due to Employee's Laches and Delay in Prosecuting Remedy. Employee's removal under unconstitutional regulation did not automatically entitle full back wages; conduct and delay relevant.

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the Labour Court's award dated 18/10/2008 in IDA Reference No. 4/2007...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award — Holds That Single Judge Erred in Setting Aside Award on Grounds of Patent Illegality and Public Policy. The Court Reinstated the Arbitral Tribunal's Findings on Oral Agreement and Quantum of Damages.

The appellant, Ratnam Sudesh Iyer, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of a learned Si...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award for Breach of Cotton Supply Contract. Court Holds That District Court Exceeded Its Jurisdiction Under Section 34 by Reappreciating Evidence and Interfering with Arbitrator's Findings on Factual Issues.

The appellant, M/s. Gill & Company Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Arbitration Dispute — No Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court Held That the Arbitral Award Was Not in Conflict with Public Policy and Did Not Suffer from Patent Illegality.

The petitioner, Hi Style India Pvt. Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an Arbitral A...

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Bombay High Court Allows Appeal of Workman in Railway Termination Case — Reinstatement with Back Wages Upheld. Continuous Service Requirement Under Section 25B of Industrial Disputes Act, 1947 Satisfied Despite Intermittent Breaks.

The appellant, Shri Jairaj N. Shetty, was employed as a Casual Cook in the Catering Section of the Commercial Department, Central Railway, Mumbai V.T....

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Supreme Court Allows Appeal Against Remand Order in Arbitration Dispute. High Court Exceeded Jurisdiction Under Section 37 by Remanding Matter to Arbitrator Despite Consent of Parties to Dispense with Cross-Examination.

The dispute arose out of a joint venture agreement dated 14.12.1996 between the appellants (joint owners of land) and the respondent (a construction c...