Bombay High Court

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Bombay High Court Quashes Controller's Refusal of Patent Registration Due to Non-Consideration of Arbitral Award and Deed of Assignment. Failure to Appreciate Evidence and Raise Objections in Examination Report Renders Order Unsustainable Under Section 15 of Patents Act, 1970....

The petitioner, Euro-apex B.V., entered into a licence agreement with Shinhan Apex Corporation in 1993, authorizing the latter to manufacture and sell the petitioner's products in South Korea. The rel...

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Bombay High Court Quashes Revisional Order in Co-operative Society Membership Dispute — Irregular Enrollment of 143 Members Upheld as Invalid. Revisional Authority Exceeded Jurisdiction Under Section 154 of Maharashtra Co-operative Societies Act, 1960 by Reversing Concurrent Findings Without Proper Justification....

The Bombay High Court dealt with two writ petitions challenging an order of the Revisional Authority under Section 154 of the Maharashtra Co-operative Societies Act, 1960. The dispute originated from ...

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Acquisition Proceedings Declared Lapsed. Non-payment of Compensation and Non-possession of Acquired Land for Over Five Years Resulted in Lapsing of Acquisition Proceedings Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013....

Mere mutation entries without kabjepatti or credible evidence of possession do not establish the taking over of physical possession. Absence of notice under Section 12(2) and failure to offer or tende...

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Appropriate Government for ARAI held to be State Government – Petitioner not deemed a ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947 – Petition dismissed...

The petitioner’s supervisory and managerial functions disqualified him from being classified as a ‘workman.’ The nature of duties and responsibilities, rather than designation, determines the s...

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Bombay High Court Dismisses Petitioner's Challenge to Land Acquisition for Government Guest House at Jalandhar Beach, Diu. Acquisition for Tourism-Related Public Purpose Upheld Under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013....

The petitioner, Uday Mansuclal, challenged the acquisition of his land bearing No. PTS 122/171-A admeasuring 481 square meters at Jalandhar Beach, Diu, for construction of a government guest house. Th...

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Bombay High Court Quashes Reassessment Notice and Order in Income Tax Case Due to Lack of Fresh Material and Change of Opinion. Guarantee Fee Reversal Issue Already Examined in Original Assessment and Pending Before Tribunal, Reassessment Barred by Third Proviso to Section 147 of Income-tax Act, 1961....

The petitioner, Tata Communications Limited, filed its return of income for Assessment Year 2014-15 on 24 November 2014, which was revised twice in March 2016. In the revised return, the petitioner re...

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Bombay High Court Quashes Land Acquisition Award for Violation of Mandatory 30-Day Notice Period Under Section 21(2) of RFCTLARR Act, 2013. Failure to Provide Minimum Notice and Personal Hearing Vitiates the Award Despite Filing of Objections....

The petitioners, Shree Nasik Panchavati Panjrapole and its trustees, challenged the land acquisition award dated 23 November 2023 passed by the District Collector, Nashik, acquiring their land admeasu...

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Bombay High Court Dismisses Appellant's Appeal Against Arbitral Award in Tie-Up Agreement Dispute. Court Upholds Arbitrator's Finding that Agreements Were Joint Venture, Not Loan, and Confirms Award of Counterclaim with Interest....

The appellant, National Agricultural Co-operative Marketing Federation of India Limited (NAFED), and the first respondent, Roj Enterprises (P) Limited (REPL), entered into two Tie-Up Agreements dated ...

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Bombay High Court Allows Retired Employee as Nominee on Enquiry Committee Under MEPS Rules — Purposive Interpretation of Beneficial Legislation. The Court held that Rule 36(2)(b)(ii) of the MEPS Rules permits nomination of a retired/former employee to the Enquiry Committee, as the definition of 'employee' does not restrict to serving employees only....

The petitioner, Mangalsingh Amarsingh Rathod, was the Head Master of Mahatma Phule High School, Nimgaon, and was placed under suspension. A disciplinary enquiry was initiated against him. Under Rule 3...