Bombay High Court

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High Court of Bombay Dismisses Appeal Under Section 37 of Arbitration and Conciliation Act, 1996, Upholding Demurrage Claim. Interpretation of Clause 10(v) of Coal Supply Contract as Creating Primary Liability, Not Indemnity, and Binding Effect of Laytime Statement When No Disagreement Raised Within 30 Days Upheld....

The dispute arose out of a contract dated 18 September 1999 between Ultratech Cement Ltd. (appellant, formerly Larsen & Toubro Ltd.) and Sunfield Resources Pty. Ltd. (respondent) for the supply of non...

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Bombay High Court Partially Allows Workman's Petition and Dismisses Establishment's Petition in Service Regularization Dispute — Workman Granted Permanency from 1990 but Denied Back Wages from 1992 Due to Lack of Evidence of Willingness to Work....

The judgment involves two writ petitions arising from the same Industrial Court order dated 20/03/1997. The first petition was filed by the workman, Ashok Pandurang Phalake, challenging the denial of ...

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Bombay High Court Upholds Removal of Bank Officer in State Bank of India Disciplinary Case. Penalty of Removal from Service under Rule 67(i) of State Bank of India Officers Service Rules Upheld as Not Disproportionate to Charges of Irregularities as Branch Manager....

The petitioner, Gopal Vajani, was employed by the State Bank of India (the Bank) since 1978, rising from Clerk-cum-typist to Scale-III officer. He was posted as Branch Manager at Ballarpur from Octobe...

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Bombay High Court Dismisses Writ Petition Challenging MODVAT Credit Denial Under Rule 57C of Central Excise Rules, 1944. Inputs Used in Manufacture of Exempted Final Products Not Eligible for Credit....

The petitioners, Atlas Automotive Components Private Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court. The petitioners were engage...

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Bombay High Court Allows Second Appeal in Divorce Case, Sets Aside Decree Based on Irretrievable Breakdown of Marriage. Court holds that irretrievable breakdown of marriage is not a ground for divorce under the Hindu Marriage Act, 1955, and the lower appellate court erred in applying no-fault theory without framing issue under Section 23(1)(a)....

The appellant, Chitra Sachin Mapara, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 4th May 2013 passed by the learned District...

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Bombay High Court Upholds Tribunal's Restriction on Section 80HHB Deduction and Denial of Deduction for Foreign Tax Paid. The court held that only amounts transferred to Foreign Project Reserve Account during the previous year qualify for deduction under Section 80HHB, and tax paid abroad is not deductible under the Income Tax Act....

The case involves an income tax reference by the Income Tax Appellate Tribunal to the Bombay High Court under Section 256(1) of the Income Tax Act, 1961, for the Assessment Year 1983-84. The applicant...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Unexplained Delay in Disposal of Representation. Failure to Consider Detenu's Representation Promptly Violates Article 22(5) of the Constitution, Rendering Detention Invalid....

The petitioner, Yahya @ Ayya Akbar Khan, challenged a preventive detention order dated 30 July 2016 passed by the Commissioner of Police, Mumbai, under Section 3(2) of the Maharashtra Prevention of Da...

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Bombay High Court Dismisses Land Acquisition Lapse Claim Under Section 24(2) of RFCTLARR Act, 2013 — Compensation Deposited in Court Constitutes Valid Payment. Legal Heirs Cannot Claim Lapse After Compensation Deposited in Court on Award Date....

The petitioners, claiming to be legal heirs of late Narayan Aditwar Patil, filed a writ petition under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings i...

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Bombay High Court Dismisses Employer's Writ Petition Challenging Rejection of Appeal Under Payment of Gratuity Act Due to Limitation. Appellate Authority Under Section 7(7) of Payment of Gratuity Act, 1972 Has No Power to Condone Delay Beyond 60 Days....

The petitioner, Nanded Zilla Dekhrekh Sahakari Sanstha Maryadit, challenged the order of the Industrial Court (appellate authority) dated 28.11.2016, which rejected its appeal under Section 7(7) of th...