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Supreme Court

Supreme Court Remands MACP Benefit Dispute to Tribunal for Fresh Adjudication on Railway Employees' Financial Upgradation. The Court set aside the orders of the High Court and Tribunal, directing fresh consideration of the circular dated 12.09.2012 and Clause 129 of the Indian Railway Establishment Manual.

4 Feb 2020

The Union of India and the Senior Divisional Personnel Officer, Southern Railway, appealed against the order of the Kerala High Court which affirmed t...

Supreme Court

Supreme Court Allows Transport of Already Mined Iron Ore in Goa Mining Case — Interprets Earlier Ban as Limited to Mining Operations Only. Court holds that direction to stop mining from 16.3.2018 did not prohibit transportation of minerals already extracted before that date, and State Government is entitled to permit such transport subject to payment of royalty and other dues.

30 Jan 2020

The case arises from a series of litigations concerning iron ore mining in Goa. The Government of India appointed Justice M.B. Shah as a Commission of...

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 Dismisses Railways' Appeals Against Appointment of Independent Arbitrator in Contract Disputes. Failure to Appoint Arbitrator Within 60 Days Forfeits Railways' Right Under Clause 64 of GCC.

14 Nov 2019

The Supreme Court dismissed two appeals filed by the Union of India (Railways) against the judgments of the Delhi High Court appointing independent ar...

Supreme Court

Supreme Court Dismisses Land Owners' Appeals in Land Acquisition Compensation Case. Solatium Under Section 30(1) of the 2013 Act Held Calculable Only on Market Value and Assets, Excluding Additional 12% Under Section 30(3).

17 Jul 2019

The case involves two Special Leave Petitions filed by land owners whose land was acquired for the Metro Railway project under the Metro Railways (Con...

Supreme Court

Supreme Court Allows State Appeal in Land Acquisition Case for MRTS Project — High Court Direction for Alternate Site Quashed. Court holds that once acquisition is complete and possession taken, no direction for alternate site can be issued under Land Acquisition Act, 1894.

1 Jul 2019

The case involves appeals by the State of Tamil Nadu against a common judgment of the Madras High Court directing allotment of alternate land to priva...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

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 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)...

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