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Bombay High Court Dismisses MCGM Petition Challenging Compassionate Appointment to Son of Deceased Employee. Compassionate appointment is an exception to Articles 14 and 16 of the Constitution, and the scheme must be interpreted liberally to provide immediate succor to the family in penury.

The Municipal Corporation of Greater Mumbai (MCGM) filed a writ petition challenging the order of the Maharashtra Administrative Tribunal (MAT) which ...

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Supreme Court Allows Appeal Against High Court Order Appointing Substitute Arbitrator in Contract Dispute. Court Holds That High Court Erred in Terminating Mandate of Arbitrator Appointed by Consent and in Deviating from Arbitration Clause Without Justification.

The appellant, Rajasthan Small Industries Corporation Limited, invited tenders for handling and road transportation of ISO containers and cargo. The r...

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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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High Court of Karnataka Examines Ineligibility of Retired CPWD Officers as Arbitrators under Section 12(5) of Arbitration Act. Appointment of Retired Additional Director General of CPWD as Arbitrator Without Contractor's Consent Violates Seventh Schedule and Mandates Express Agreement Post-Dispute.

The petitioner, a construction company, entered into six separate agreements with the Central Public Works Department (CPWD) for various construction ...

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Bombay High Court Examines Whether Service for Time Bound Promotion Should Be Reckoned from Initial Appointment or Regularisation Date. Government Resolution and Supreme Court Precedents on 'Regular Service' Interpreted in Context of TBPS and ACPS.

The case involved a batch of writ petitions filed by the State of Maharashtra under Articles 226 and 227 of the Constitution of India challenging orde...

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Karnataka High Court Dismisses Widow's Appeal for Compassionate Appointment Due to Laches and Repeated Litigation. Claim for appointment on compassionate grounds rejected as appellant failed to explain delay of 16 years in filing writ petition and had earlier approached court on multiple occasions.

The appellant, Smt. Mallamma, wife of late Shivasharanappa Shirwale, filed a writ appeal under Section 4 of the Karnataka High Court Act against the o...

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High Court Dismisses Writ Appeals Against Dismissal of Writ Petitions on Ground of Delay and Laches. Appellant's Challenge to Appointment Conditions and Subsequent Appointment of Director General Rejected.

The appellant, who had been appointed as Director General of Central Power Research Institute (CPRI) by direct recruitment, challenged the terms of hi...