Search Results for "absolute entitlement"

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Bombay High Court Allows Refund of IGST on Exports Under Protest, Rejects Unjust Enrichment Claim. Payment under protest does not attract doctrine of unjust enrichment under Section 54 of CGST Act, 2017.

The petitioner, Venus Jewel, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, challenging the refusa...

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Bombay High Court Allows Petition Challenging Remand Order by Appellate Authority Under Payment of Gratuity Act. Section 7(8) of the Payment of Gratuity Act, 1972 Does Not Confer Power to Remand; Appellate Authority Must Decide Appeal on Merits.

The petitioner, Dr. Gajanan Vithoba Jain, a former employee of the respondent-management running Shiv Vaibhav College of Education, Wardha, filed an a...

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Bombay High Court Allows Release of Imported Bearings in IPR Suspension Case — Mandamus Issued for Violation of IPR Rules 2007. Customs Authorities Suspended Clearance Without Confiscation Order or Notice Under Rule 7 of IPR Rules, Violating Principles of Natural Justice.

The petitioners, NBU Bearings Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court...

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Bombay High Court Allows Writ Petition in Industrial Disputes Case — Labour Court Must Compute Amount Due Under Section 33C(2) Once Existing Right is Established. Failure to compute despite finding entitlement constitutes refusal to exercise jurisdiction.

The petitioners, employees of Model Mills, Nagpur (a unit of National Textile Corporation), filed an application under Section 33C(2) of the Industria...

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Bombay High Court Dismisses Employer's Writ Petitions for Non-Prosecution in Industrial Dispute Reinstatement Case. Petitioners Failed to Appear on Date of Hearing, Leading to Dismissal of All Five Petitions Challenging Labour Court Awards.

The judgment pertains to five connected writ petitions filed by the Secretary of Rashtra Sant Tukdoji Maharaj Technical and Education Society and Prou...