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Supreme Court Partially Allows State Appeal Against Arbitral Award in Road Maintenance Contract Dispute. Arbitrator's Award Set Aside for Exceeding Claim, Scope of Reference, and Rewriting Contract Terms.

The State of Haryana appealed against a High Court order dismissing its challenge to an arbitral award in favor of M/s. Shiv Shankar Construction Co. ...

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Supreme Court Upholds NGT Decision Quashing Ex Post Facto Environmental Clearances Under EIA Notification 1994. Circular dated 14 May 2002 Allowing Retrospective Clearances Held Invalid as Prior Environmental Clearance is Mandatory Under Section 3 of Environment Protection Act 1986.

The case involves appeals against the judgment of the National Green Tribunal (NGT) dated 8 January 2016, which quashed a circular issued by the Union...

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Bombay High Court Quashes Pre-Qualification Criteria in Mining Tender for Being Arbitrary and Unreasonable. Condition requiring prior experience in coal washery operation within a specified region held to be discriminatory and violative of Article 14 of the Constitution.

The petitioner, Bhatia Coal Washeries Ltd., challenged the pre-qualification criteria of Tender No. MSMC/MINING/2019/07 dated 16-8-2019 issued by the ...

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Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Commercial Arbitration Dispute. Court upholds Tribunal's power to grant interim relief under Section 17 of Arbitration and Conciliation Act, 1996, but modifies order to balance interests of both parties.

The judgment arises from two commercial arbitration petitions filed by Mahaguj Collieries Limited (the petitioner) under Section 37 of the Arbitration...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Bank Guarantee Dispute. Court upholds restraint on encashment of bank guarantee subject to deposit of amount, finding no perversity in the Tribunal's order under Section 37 of the Arbitration and Conciliation Act, 1996.

The petitioner, Mahaguj Collieries Limited, filed two arbitration petitions under Section 37 of the Arbitration and Conciliation Act, 1996, challengin...

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Bombay High Court Allows Section 11 Petition and Appoints Arbitrator Despite Stamp Duty Objection. Court holds that existence of arbitration agreement is a prima facie matter at Section 11 stage, and stamp duty is for arbitrator to decide.

The Petitioner, Coastal Marine Construction and Engineering Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 s...

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High Court of Karnataka Quashes Termination of Junior Officers in NMDC for Violation of Natural Justice. Termination Order Set Aside as Employer Failed to Provide Opportunity of Hearing Before Dismissal.

The petitioners, Khajbabu Sheik, P. Thanesh Kumar, Venkata Sudarshan, and others, were employed as Junior Officers (Mines) at the Donimalai Iron Ore M...

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Bombay High Court Allows Summons for Judgment in Favour of Confirming Bank in Letter of Credit Dispute. Confirming Bank's Right to Recover from Issuing Bank Upheld Despite Allegations of Fraud in Underlying Transaction.

The plaintiff, UBS AG, a foreign bank, filed three summary suits against three Indian banks (State Bank of Patiala, Federal Bank Ltd, and United Weste...