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High Court of Karnataka Dismisses Writ Petition Seeking Mandamus for Release of Contractual Payment Due to Disputed Facts. Court holds that disputed questions of fact regarding work completion and measurement cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution of India.

The petitioner, M/s. GVPR Engineers Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction in the nat...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Incorporation of Arbitration Clause by Reference in Sale Orders Under Coal Distribution Scheme. General Reference to Guidelines Containing Arbitration Clause is Sufficient Under Section 7(5) of Arbitration and Conciliation Act, 1996.

The present civil appeal arose from an order of the Jharkhand High Court rejecting an application under Section 11(6) of the Arbitration and Conciliat...

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Bombay High Court Dismisses Petition for Compassionate Appointment Due to Inordinate Delay. Claim for compassionate appointment based on father's death in 1994 rejected as time-barred and family's financial distress no longer exists.

The petitioner, Satish Panditrao Ravate, filed a writ petition seeking compassionate appointment based on the death of his father in 1994. The petitio...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Bombay High Court Quashes Criminal Process Issued by Chief Judicial Magistrate for Offences Under IPC. Court Holds That Contradictory Orders by Same Magistrate—Issuing Process on Private Complaint and Accepting 'B' Summary—Render the Prosecution Invalid.

The High Court of Bombay at Aurangabad considered two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 by applica...

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Bombay High Court Dismisses Employer's Petition Seeking to Unilaterally Implement Notice of Change Under Section 9A of Industrial Disputes Act. Employer Cannot Implement Proposed Changes Without Settlement or Award from Competent Court.

The petitioner, J. D. Orgochem Limited (formerly Jaysynth Dyechem Ltd.), is a company engaged in manufacturing chemicals. The respondent, Dyes and Che...

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Bombay High Court Allows Appeal Under Section 37(1)(c) of Arbitration and Conciliation Act, 1996 Against Dismissal of Section 34 Challenge to Arbitral Award in Petroleum Dealer Dispute. The court remitted the matter for fresh consideration, maintaining interim arrangement for running of petrol pump.

The appellant, M/s Hindustan Petroleum Corporation Ltd., filed an appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 against ...

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Supreme Court Dismisses Petition for Appointment of Arbitrator in International Commercial Dispute Due to Lack of Jurisdiction. Indian Courts Lack Supervisory Jurisdiction Over Arbitration Seated in Colombia Governed by Colombian Law.

The petitioner, Disortho S.A.S., a Colombian company, and the respondent, Meril Life Science Private Limited, an Indian company, entered into an Inter...