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Bombay High Court Allows Back Wages for Employee in Faulty Enquiry Case. Employer Directed to Pay Full Back Wages from Termination to Reinstatement Despite Option for De Novo Enquiry.

The petitioner, Manohar Pandit Marathe, was an employee of Sharda Vidya Prasarak Mandal. He was terminated from service on 20/01/2009. He challenged t...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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Bombay High Court Allows Employee's Writ Petition Challenging Industrial Court's Reversal of Reinstatement Order. Industrial Court Erred in Permitting De Novo Enquiry Without Employer Reserving Right in Written Statement as Per Supreme Court Precedent.

This writ petition arises from an industrial dispute where the petitioner-employee, a sweeper with the Nanded-Waghala City Municipal Corporation, chal...

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Supreme Court Upholds Licence Fee Validity Under Factories Act, 1948; Levy Is Fee, Not Tax, Due to Services Rendered by Inspectors. Inspection Services and Spending of 60% of Fee Revenue Establish Quid Pro Quo Justifying Annual Renewal Fee for Factories Under Delhi Factories Rules, 1950.

The Delhi Cloth and General Mills Co. Ltd., which operated several factories in Delhi, was required under the Factories Act, 1948 and the Delhi Factor...

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Bombay High Court Dismisses Petition Challenging Compensation for Defective Cotton Seeds — Procedural Lapses Not Fatal When Defect Not Disputed. Compensation Upheld but Interest Reduced from 24% to 12% Under Maharashtra Cotton Seeds Act, 2009 and Rules, 2010.

The petitioner, M/s Bayer Bio Science Private Limited, a seed manufacturing company, challenged an order dated 29 December 2011 passed by the Commissi...

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CIVIL REVISION APPLICATION NO. 427 OF 2009

The case concerns eviction proceedings initiated by the Life Insurance Corporation of India (LIC) against the occupant, Niloufer Marshall, in respect ...

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NCLAT Allows Appeal in IBC Case Due to Unrebutted Averments — Respondent's Statement at Bar Not to File Counter Leads to Admission of Appellant's Pleadings. The principle from Naresh Kumar Bansal v. G.S. Kalra & Ors., 1993 (25) DRJ 230 applied where respondent declined to file counter affidavit.

The National Company Law Appellate Tribunal (NCLAT) at Chennai was hearing an appeal under the Insolvency and Bankruptcy Code, 2016. The appellant, Mr...

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High Court of Judicature at Bombay Hears Customs Appeals on Domestic Clearance of Duty-Free Input Products Under Advance Authorizations. Core Issue Whether Tribunal Correctly Interpreted Foreign Trade Policy 2004-2009 Paras 4.1.3 and 4.1.5 to Permit Domestic Sales Before Export Obligation Fulfillment.

The High Court of Judicature at Bombay heard a batch of 17 customs appeals filed by various companies and individuals against three Commissioners of C...