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Bombay High Court Dismisses Petition Challenging Modvat Credit Lapse Provisions in Finance Act, 1999. Retrospective Validation of Rules Causing Lapse of Accumulated Credit Upheld as Within Legislative Competence and Not Violative of Fundamental Rights.

The petitioner, Coral Cosmetics Limited, a company incorporated under the Companies Act, 1956 and registered as a Small Scale Industry, was engaged in...

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Bombay High Court Allows Appeal in Industrial Dispute Case — Section 17B Wages Must Include Allowances, Not Just Basic Wage. The court held that wages under Section 17B of the Industrial Disputes Act, 1947 must be the full wages last drawn, including all allowances, and not merely the basic wage.

The appellant, Amit Kumar, was a senior office assistant employed by Indian Airlines Ltd. He was removed from service on 24th June 2002 after a depart...

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Bombay High Court Dismisses Union's Challenge to Dearness Allowance Scheme Modification in Wage Reference. Court Upholds Industrial Tribunal's Decision to Remove Linkage Between Dearness Allowance and Basic Pay Under Section 9A of Industrial Disputes Act, 1947.

The Madura Coats Employees Union filed a writ petition under Article 226 of the Constitution challenging an award of the Industrial Tribunal which, in...

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Bombay High Court Allows Petition Against Customs for Demurrage Charges Due to Delay in Assessment. Customs Department Directed to Bear Warehousing Charges for Inordinate Delay in Finalising Assessment of Imported Goods.

The petitioner, Apollo Paper Mills Ltd., imported second-hand machinery from the UK in 1995 to set up a paper manufacturing unit in Gujarat, seeking c...

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Bombay High Court Upholds Conviction for Double Murder and Attempt to Murder Based on Circumstantial Evidence. Motive and Conduct of Accused Establish Guilt Beyond Reasonable Doubt.

The appellant, Mohd. Jahir Puttan Khan, was convicted by the 7th Ad-Hoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No.307 of 2004 for ...

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Bombay High Court Upholds Life Imprisonment for Husband in Wife's Murder Case Based on Circumstantial Evidence and Motive. Conviction under Section 302 and 201 IPC confirmed as chain of circumstances complete and consistent with guilt.

The appellant, Dashrath Dada Salunkhe, was convicted by the Additional Sessions Judge, Malashiras for the murder of his wife Vimal @ Anita and for cau...

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Bombay High Court Allows Writ Petition Against Rejection of KVSS Declaration — Post-Manufacturing Expenses Dispute. The court held that an appeal is pending until the order is communicated to the party, and thus the declaration under Section 95 of the Finance (No.2) Act, 1998 was validly filed.

The petitioner, M/s. Pepsico India Holdings Ltd., a company engaged in manufacturing aerated water, soft drinks, and fruit-pulp based drinks, was issu...