Search Results for "technical breach"

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Search Results for "technical breach"

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High Court

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.

27 Mar 2024

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

High Court

Bombay High Court Allows Writ Petition Challenging Blacklisting by Railways — Violation of Natural Justice and Unreasoned Order. The court set aside the blacklisting order for being arbitrary and in violation of principles of natural justice.

10 Feb 2023

The petitioner, Apar Industries Ltd., a major supplier of Over Head Equipment to the Indian Railways, challenged a blacklisting order passed by the Ra...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Finding of Perversity in Domestic Enquiry Against Workman. Concurrent Findings of Perversity Upheld as Inquiry Officer's Findings Were Based on No Evidence and Contrary to Record.

29 Mar 2023

The petitioner, M/s Crane Process Flow Technologies Pvt. Ltd., an engineering company, challenged the judgment and order of the Industrial Court, Sata...

High Court

Bombay High Court Dismisses Society's Petition Challenging Membership of Garage Owners. Co-operative Housing Society Cannot Deny Membership to Garage Owner Under Section 22 of Maharashtra Co-operative Societies Act, 1960 Despite Bye-law Restriction.

7 Sep 2023

The Petitioner, Mistry Park CHS Ltd., a co-operative housing society, challenged the orders of the Deputy Registrar and Divisional Joint Registrar dir...

High Court

Bombay High Court Allows Writ Petition in Part in Unfair Labour Practice Case — Reinstatement Upheld but Back Wages Denied. Termination without proper inquiry constituted unfair labour practice under MRTU and PULP Act, but employee's habitual absenteeism justified denial of back wages.

7 Nov 2023

The Petitioner, Dattaprasad Narayan Kulkarni, was employed as a Technical Officer with M/s. Auchtel Products Ltd. (formerly Henkel Chemicals (I) Ltd.)...

High Court

Bombay High Court Quashes Blacklisting Orders Against Two Firms in WCL Tender Dispute — Lack of Opportunity of Hearing Violates Principles of Natural Justice. The court held that blacklisting a contractor without prior notice and hearing is arbitrary and unsustainable under Article 14 of the Constitution.

30 Nov 2023

The petitioners, M/s H.D. Enterprises (HDE) and M/s Gaurav Contracts Company (GCC), had entered into a joint venture/consortium agreement on 23.05.201...

High Court

Bombay High Court Dismisses Appeal in Lease Dispute Over Condition Precedent. Letter of Acceptance with Condition of Government Approval Does Not Form Concluded Contract Under Indian Contract Act.

25 Apr 2022

The case involves an appeal by Mystical Techplast Pvt. Ltd. against the Maharashtra State Road Development Corporation (MSRDC) concerning a lease of t...

High Court

Bombay High Court Dismisses Petitions Challenging Refusal of No-Objection Certificate for New Colleges. Government Policy Requiring NOC from Existing Colleges in Vicinity Upheld as Valid and Not Arbitrary.

2 Dec 2021

The petitioners, Jagruti Foundation and Sanjay Modak Education Society, filed writ petitions challenging the refusal of the State Government to grant ...

High Court

Bombay High Court Allows Appeal Against Summary Assessment Under Section 62 of MGST Act Due to Technical Glitches and Non-Service of Order. The court directed the appellate authority to entertain the appeal and decide it on merits, condoning the delay caused by technical issues and non-service of the assessment order.

3 Dec 2021

The petitioner, M/s. Meritas Hotels Pvt. Ltd., challenged the action of respondent no.5 (Joint Commissioner of Sales Tax (Appeals-IV)) in refusing to ...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Dredging Contract Dispute — Interest Award Modified and Counterclaim Allowed. The court held that the arbitral tribunal's award of interest from the date of the award rather than from the date of the claim was contrary to Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, and that the rejection of the employer's counterclaim for demobilization costs under Clause 73(1) was perverse.

15 May 2020

The judgment concerns two cross petitions under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a majority arbitral award arising...

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