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Madras High Court Dismisses Appeal Against Arbitral Award in Power Supply Agreement Dispute — Abrupt Stoppage of Power Constitutes Breach. The Court upheld the arbitrator's award of damages and interest, finding no patent illegality under Section 34 of the Arbitration and Conciliation Act, 1996.

The appellant, OPG Power Generation Pvt. Ltd., was the supplier of electricity under a power supply agreement dated 18.04.2018 with the respondent, Sh...

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Madras High Court Upholds Sections 74 and 75(1) of Tamil Nadu Cooperative Societies Act, 1983 and Common Cadre Service Rules for Cooperative Societies. The Court held that the impugned provisions and rules are constitutionally valid and do not violate Article 19(1)(c) or Article 43B of the Constitution.

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India challenging the constitutional validity of Sections 74 a...

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Supreme Court Allows Appeals in Electricity Tariff Dispute — Gujarat Urja Vikas Nigam Limited v. Renew Wind Energy (Rajkot) Pvt Ltd. Renewable Energy Certificate (REC) Scheme does not override State Commission's power to determine tariff for wind energy under Section 62 of the Electricity Act, 2003.

The case involves appeals under Section 125 of the Electricity Act, 2003, by Gujarat Urja Vikas Nigam Limited and other distribution licensees against...

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Bombay High Court Quashes Clarification in Direct Tax Vivad se Vishwas Act, 2020 — Circular No.21/2020 Held Ultra Vires. The clarification requiring withdrawal of appeal as a condition for filing declaration under the Act was struck down as arbitrary and violative of Article 14.

The petitioner, Macrotech Developers Limited, a public limited company engaged in real estate, filed a writ petition under Article 226 challenging a c...

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High Court of Bombay at Goa Dismisses Petition Challenging Labour Commissioner's Order Under Section 33C(1) of Industrial Disputes Act, 1947 — Recovery Certificate for Backwages Upheld Despite Bank's Claim of Limitation and Set-Off

The petitioner, The Goa Urban Co-operative Bank Ltd., challenged an order dated 24/03/2017 passed by the Labour Commissioner under Section 33C(1) of t...

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Bombay High Court Allows Auction Purchaser's Petition Against Octroi Demand on Customs-Auctioned Goods. The court held that octroi liability on goods already stored in a warehouse and auctioned by Customs falls on the municipal corporation, not the purchaser.

The petitioner, M/s. DK Enterprises, was the successful bidder in a public auction conducted by the Commissioner of Customs, Mumbai, on 24 October 200...

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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Disputed Liability. Complainant failed to prove legally enforceable debt as accused raised probable defence of cash payment for goods not supplied under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Sheshrao Krishnarao Umredkar, proprietor of M/s Rakesh Enterprises, filed a criminal appeal challenging the judgment and order dated 29...