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Supreme Court Allows Appeal of Telecom Company in Industrial Dispute, Holding Regional Business Head Not a 'Workman' Under Industrial Disputes Act. Managerial and Supervisory Duties Exclude Employee from Section 2(s) Definition Despite Absence of Power to Appoint or Dismiss.

The Supreme Court allowed the appeal filed by M/s Bharti Airtel Limited against the judgment of the Karnataka High Court which had held that the respo...

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Bombay High Court Allows Appeal Against Rejection of Section 34 Petition by City Civil Court, Holding City Civil Court is Not a 'Court' Under Section 2(1)(e) of Arbitration Act. The Court set aside the order and remanded the matter for fresh consideration by the proper court.

The appellant, a share broker, purchased 100 shares of Odyssey Technology Limited on behalf of a client. The shares were sent for registration but onl...

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Bombay High Court Dismisses Enforcement Petition for Foreign Award Citing Lack of Jurisdiction Due to Prior Section 34 Filing. Section 42 of Arbitration and Conciliation Act, 1996 Vests Exclusive Jurisdiction with the Court at Jamkhambalia Where the Section 34 Application Was First Filed.

The petitioners, Pacific Basin Ihx (UK) Ltd., a company incorporated in England engaged in shipping, sought enforcement of a foreign arbitration award...

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Bombay High Court Remands Overtime Allowance Claim to Central Administrative Tribunal for Fresh Determination in Light of Legislative Change. The Court held that the Tribunal must reconsider the claim under Section 59 of the Factories Act, 1948, after considering the Factories (Amendment) Act, 1987.

The Union of India, through the Secretary, Ministry of Finance, Department of Economic Affairs, and others, filed a writ petition challenging the judg...

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Bombay High Court Quashes Recovery Warrant Against Education Officer in Execution Proceedings — State Officer Not Personally Liable for Decree Dues. Executing Court Cannot Direct Arrest or Recovery Against Government Officer Without Finding of Wilful Default Under Order 21 Rule 32 CPC.

The case arises from execution proceedings of a decree passed by the School Tribunal, Pune, in Appeal No. 104 of 1998, directing the reinstatement of ...

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Bombay High Court Dismisses Revenue's Reference Application in Customs Duty Evasion Case Due to Inordinate Delay. Application filed under Section 130 of Customs Act, 1962 for reference of questions of law from CEGAT order held time-barred as delay of 240 days not explained.

The Commissioner of Customs (Import) filed an application under Section 130 of the Customs Act, 1962 seeking a reference to the High Court of certain ...

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Supreme Court Dismisses DISCOM's Appeal in Solar PPA Force Majeure Dispute — Restrictive Appellate Jurisdiction Under Section 125 of Electricity Act, 2003 Affirmed. Government Delays in Approvals Constitute Force Majeure; No Tariff Reduction or Liquidated Damages When Developer Not at Fault.

The Supreme Court of India dismissed appeals by Bangalore Electricity Supply Company Limited (BESCOM) against an order of the Appellate Tribunal for E...