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Madras High Court Dismisses Appeal Against Arbitral Award in Power Supply Agreement Dispute — Abrupt Stoppage of Power Constitutes Breach. The Court upheld the arbitrator's award of damages and interest, finding no patent illegality under Section 34 of the Arbitration and Conciliation Act, 1996.

The appellant, OPG Power Generation Pvt. Ltd., was the supplier of electricity under a power supply agreement dated 18.04.2018 with the respondent, Sh...

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Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

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Court Rules in Favor of Importer in Crude Palm Oil Customs Duty Dispute. High Court Cites Supreme Court Precedent, Orders Refund of Additional Duties Paid Due to Reassessment Based on Newly Issued Tariff Notification

The petitioner imported 12,250 metric tons of Crude Palm Oil under four contracts with Just Oil & Grain Pte. Ltd., Singapore. After the goods arri...

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Supreme Court Upholds Labour Court Award in VSS Dispute — NMR Workers Found to Have Been Coerced into Voluntary Separation Scheme. The Court confirmed reinstatement with 70% back-wages under Section 33A of the Industrial Disputes Act, 1947, finding no perversity in the concurrent findings of fact.

The case arose from a dispute between the General Manager, Electrical Rengali Hydro Electric Project, Orissa (appellant) and 90 NMR workers (responden...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Teacher in Voluntary Retirement Case. Acceptance of Voluntary Retirement Without Statutory Notice Period Under Section 5(3) of MEPS Act, 1977 Held Illegal.

The petitioner, Shri Guru Buddhiswami Mahavidyalaya (the Management), challenged the judgment and order dated 06/12/2013 of the School Tribunal, Latur...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Teacher in Voluntary Retirement Dispute. Acceptance of Voluntary Retirement Without Allowing Withdrawal Within Notice Period Under Section 7(2) of MEPS Act, 1977 Held Illegal.

The petitioner, Shri Guru Buddhiswami Mahavidyalaya, through its Secretary and Principal, challenged the judgment and order dated 06/12/2013 of the Sc...

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Bombay High Court Dismisses Petition Challenging Industrial Court Order in Unfair Labour Practice Case — Voluntary Retirement Scheme Acceptance and Payment of Dues Barred Complaint. Acceptance of VRS Benefits Creates Estoppel Against Challenging the Scheme Under MRTU & PULP Act, 1971.

The petitioner, Mrs. Ashalata Shridhar Tawate, joined Overseas Communications Services (OCS) in September 1975, which was later taken over by Videsh S...

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High Court of Bombay Upholds Arbitral Award in Favor of Contractor in Railway Contract Dispute — Extension of Time Granted Without Protest Bars Claim for Liquidated Damages and Interest on Delayed Payments is Allowed Under Interest Act, 1978.

The petitioner, Union of India, acting through the Chief Electrical Engineer (Construction), Central Railway, awarded a contract to the respondent, M/...

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Bombay High Court Dismisses Insurance Company's Challenge to Arbitral Award on Fire Insurance Claim. Reinstatement Value Claim Allowed Despite Delay in Replacement; Acceptance Under Protest Not Full Settlement; Interest at 18% Upheld.

The New India Assurance Company Limited (Petitioner) issued two fire and special perils insurance policies to M/s. Alan Scott Industries Limited (Resp...