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Bombay High Court Dismisses Appeal Against Arbitral Award in Derivative Transaction Dispute. Challenge Under Section 34 of Arbitration and Conciliation Act, 1996 Fails as Award Not Patently Illegal or Perverse.

The appeal arose from a judgment of a learned Single Judge dated 6 July 2012 dismissing a petition under Section 34 of the Arbitration and Conciliatio...

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Bombay High Court Directs Municipal Corporation to Act Against Unauthorized Hoardings in Public Interest. Court Holds Corporation Must Enforce By-Laws to Ensure Safety and Remove Offending Structures.

The petitioners, residents of a housing society, filed a writ petition seeking a direction to the Municipal Corporation of Greater Mumbai (MCGM) to ta...

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Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

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Bombay High Court Dismisses Employer's Challenge to Interim Stay on Transfer Orders in Unfair Labour Practice Case. Transfer of Workmen During Pendency of Industrial Disputes Constitutes Prima Facie Unfair Labour Practice Under MRTU & PULP Act.

The petitioner, Bajaj Auto Limited, challenged an interim order dated 23rd December 2005 passed by the Industrial Court, Pune, in Complaint (ULP) No.4...

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Bombay High Court Dismisses Petitions Challenging Sales Tax on Furnace Oil Used as Fuel in Manufacturing. Furnace Oil Used as Fuel is Not 'Raw Material' or 'Input' for Production, Hence Not Exempt from Sales Tax Under Bombay Sales Tax Act, 1959.

The judgment pertains to a batch of writ petitions filed before the Bombay High Court challenging the levy of sales tax on furnace oil used by the pet...

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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...

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Bombay High Court Holds City Civil Court is District Court Under Mental Health Act, 1987 — Reference to Larger Bench Resolved. The High Court in its Ordinary Original Civil Jurisdiction is not the District Court for the purposes of the Mental Health Act, 1987.

The case involved a reference to a larger bench to resolve a conflict between two learned single judges of the Bombay High Court regarding the interpr...

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Bombay High Court Dismisses Writ Petition Challenging Termination of Daily Wager Employees in Maharashtra Water Supply Department. Employees Appointed Without Following Recruitment Rules and Without Approval of Competent Authority Cannot Claim Regularisation or Reinstatement.

The petitioners, ten individuals, were appointed as daily wagers in the Water Supply and Sanitation Department, Maharashtra. They challenged their ter...