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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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Supreme Court Allows Appeal in Samvida Shala Shikshak Appointment Case — Compensation Enhanced for Arbitrary Denial of Appointment. State's mala fide conduct in repeatedly amending rules to deny appointment despite court orders warrants restitution.

The appellant, a former Instructor in a Non-Formal Educational Centre, was selected for the post of Samvida Shala Shikshak Grade-III in an examination...

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Supreme Court Upholds Territorial Limitation of Sales Tax Exemption After State Bifurcation. Benefit of exemption/deferment granted under unified Madhya Pradesh is confined to the state where the industrial unit is located and does not extend to inter-state transactions with the other successor state.

The Supreme Court considered a batch of appeals arising from the bifurcation of the State of Madhya Pradesh into the reorganised State of Madhya Prade...

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Bombay High Court Allows Revision Application and Discharges Accused in Corruption Case Due to Lack of Sanction for Prosecution. The court held that sanction under Section 19 of the Prevention of Corruption Act, 1988 is mandatory for prosecuting a public servant, and its absence vitiates the proceedings.

The case involves a criminal revision application filed by Sunil Achyutrao Thete, who was charged with offences under Sections 7, 12, 15, 13(1)(d) rea...

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Bombay High Court Allows Writ Petition of Retired Ordnance Factory Labourer Seeking Full Salary for Suspension Period Following Acquittal — Period of Suspension Must Be Treated as Duty for All Purposes Under Fundamental Rule 54-B(3) When Acquittal Is Based on Full Trial on Merits.

The petitioner, Gopal S/o Sitaram Bairisal, a retired labourer from Ordnance Factory, Ambazari, filed a writ petition challenging the order of the Cen...

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Bombay High Court Allows Writ Petition Challenging Recovery of Excess Pay in Ordnance Factory Case. Recovery of Excess Amount Paid Due to Employer's Mistake Held Impermissible When Employees Are in Same or Higher Pay Scale and No Misrepresentation Is Involved.

The petitioners, employees of Ordnance Factory Bhandara, were granted a higher pay scale by the employer. Subsequently, the employer sought to recover...

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High Court Dismisses Appeal by Municipal Corporation Against Arbitral Award in Octroi Collection Contract Dispute. Court Upholds Arbitrator's Finding of Breach by Corporation and Award of Damages with Interest Under Section 37 of the Arbitration and Conciliation Act, 1996.

The Solapur Municipal Corporation (appellant) entered into an agreement with M/s. Garuda Aviation Services Pvt. Ltd. (respondent) for collection of oc...