Search Results for "Section 37(1) protection"

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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

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Bombay High Court Upholds Reinstatement of Casual Worker in BSNL Case — 50% Back Wages Upheld. Continuous Service of 371 Days Over 13 Months Constitutes Regular Employment Under Industrial Disputes Act, 1947.

The petitioner, Bharat Sanchar Nigam Limited (BSNL), challenged an award dated 12.11.2003 passed by the Central Government Industrial Tribunal No.1, M...

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Supreme Court Upholds Consignor's Claim Against Indian Railways for Loss of Goods Under Implied Bailment. Implied Contract of Bailment Found Between Consignor and E.P. Railway Despite Initial Contract with Pakistan Railway Under Indian Contract Act, 1872 Sections 148 and 194.

The dispute arose from the non-delivery of goods consigned in 1947 from Quebec, Pakistan, to New Delhi, India. The consignor, Amar Singh, booked goods...

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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.

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

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Supreme Court Addresses Challenge to National Eligibility-cum-Entrance Test (NEET) Notifications for Medical Admissions. The court examines the regulatory power of medical councils and the impact on minority educational institutions under Articles 19(1)(g) and 30 of the Constitution.

The Supreme Court of India heard a batch of writ petitions and transferred cases challenging four notifications issued by the Medical Council of India...

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Bombay High Court Upholds Ad-Interim Injunction in Passing Off Action for Footwear Design — Registered Design Not Infringed Due to Lack of Novelty. Court Restrains Defendants from Passing Off Footwear Deceptively Similar to Plaintiff's Unregistered Get-Up Under Common Law.

The case involves a dispute between the plaintiff, Jasco Rubbers and Manpasand Footwear, and the defendants, Asian Rubber Industries and others, over ...

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Bombay High Court Dismisses Appeal of Trust Secretary Challenging Removal Under Maharashtra Public Trust Act. Unauthorized Advances and Breach of Charity Commissioner's Directions Justify Permanent Removal Under Section 41D(1)(b) and (c) of Maharashtra Public Trust Act, 1950.

The appellant, Abdul Hamid Sheikh Mohammad, was the elected Secretary of Peoples Education Society, Amravati (the trust), which runs National Urdu Gir...