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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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High Court Quashes Disciplinary Orders for Violation of Natural Justice -- Gujarat Panchayat Services Rules Violation Leads to Remand for Fresh Consideration

The High Court of Gujarat quashed disciplinary orders imposing pension cuts on a deceased employee, finding violation of natural justice principles. T...

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Karnataka High Court Adjudicates Writ Petitions Challenging Mandatory Pre-Deposit under Section 35F of Central Excise Act, 1944. The court examined whether the mandatory deposit requirement violated Articles 14, 19(1)(g) and 265 of the Constitution of India.

The High Court of Karnataka heard a batch of writ petitions filed by several assessees, including Hindustan Petroleum Corporation Ltd., Prestige Garde...

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit for Unauthorized Subletting. Concurrent findings of fact that tenant sublet premises without landlord's consent under Section 15 of Maharashtra Rent Control Act, 1999, upheld.

The Khadi and Village Industries Commission (KVIC), a statutory body, was a monthly tenant of a godown premises in Mumbai owned by the respondents (la...

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WRIT PETITION NO. 7034 OF 2024

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Bombay High Court Allows Petition of Retired KVIC Employee Challenging Withdrawal of Pension and Recovery of Paid Pension. Pension is a Right, Not a Bounty, and Cannot Be Withdrawn Without Statutory Authority Under Regulation 15 of KVIC Employees Pension Regulations 1984.

The petitioner, A.K. Kumaran Nair, joined the U.P. Khadi and Village Industries Board on 15 June 1982. The Board was taken over by the Khadi and Villa...

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Bombay High Court Dismisses Petition Challenging Industrial Tribunal Award Declaring Contract Labour as Direct Employees. Contracts for supply of labour found to be sham and bogus, workmen held entitled to direct employment with all benefits under Industrial Disputes Act, 1947.

The petitioner, M/s Prabha Engineering Pvt. Ltd., an engineering company manufacturing automobile parts, challenged an award of the Industrial Tribuna...