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Search Results for "Railway Contractor"

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High Court

Bombay High Court Dismisses State's Appeal in Arbitration Case. Court upholds arbitral award allowing contractor's claims for hidden expenses and interest, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

1 Feb 2013

The State of Maharashtra, through the Irrigation Department, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challengi...

Supreme Court

Supreme Court Reinstates Blacklisting Order Against Contractor in Government Contract Dispute Due to Serious Safety Lapses and Contract Violations. The Court Held That the Blacklisting Was Not Predetermined and Complied with Natural Justice Under the Orissa Public Works Department Code, as a Show Cause Notice Was Issued and Considered Before the Decision.

24 Feb 2022

The dispute arose from the blacklisting of a contractor by the State of Odisha following the collapse of a flyover during construction, which resulted...

Supreme Court

Supreme Court Allows State's Appeal in Blacklisting Case, Reinstating Order Against Contractor for Negligence in Public Works. The Court Held That the Blacklisting Procedure Complied with Natural Justice and Was Not Predetermined, and the Punishment Was Not Disproportionate Given the Serious Lapses Leading to Death and Injuries.

24 Feb 2022

The dispute arose from the State of Odisha's decision to blacklist a contractor following a fatal accident during the construction of a flyover, which...

Supreme Court

Supreme Court Dismisses Appeal by Central Organisation for Railway Electrification Against Appointment of Independent Arbitrator in Contract Dispute. Statutory Ineligibility Under Section 12(5) of Arbitration Act Prevents Serving and Retired Railway Officers from Acting as Arbitrators Despite Contractual Clause.

17 Dec 2019

The appellant, Central Organisation for Railway Electrification, awarded a work contract to the respondent, a joint venture company, on 20.09.2010. Th...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where requests for arbitration were made before the Amendment Act, 2015 came into force, the pre-amended provisions apply, and the High Court must respect the agreed procedure for appointment of arbitrator under Clause 64(3) of GCC.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that pre-amended provisions of the Arbitration and Conciliation Act, 1996 apply to arbitration requests received before 23rd October, 2015, and the High Court must respect the agreed appointment procedure.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Upholds High Court Decision Quashing Labour Cess Demand Under Building and Other Construction Workers' Welfare Cess Act, 1996. The Court held that the cess demand was invalid as the contract work did not constitute 'building or other construction work' under Section 2(1)(d) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, and the levy under Sections 3(1) and (2) of the Cess Act was not applicable.

12 May 2021

The Supreme Court of India, in a civil appellate jurisdiction, addressed a special leave petition under Article 136 of the Constitution of India. The ...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Section 34 Petition in Arbitration Dispute Over Bridge Construction. Arbitral Award Upheld as Not Contrary to Public Policy Under Section 34 of Arbitration and Conciliation Act, 1996.

8 Feb 2013

The appellant, Konkan Railway Corporation Limited (owner), entered into a contract with the respondent, M/s. Oriental Construction Company Limited (co...

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