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Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

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Bombay High Court Dismisses Petition Challenging DRAT Order Setting Aside DRT's Reference to Arbitration in Bank Recovery Suit. Arbitration Clause Does Not Oust Jurisdiction of DRT Under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The petitioner, Harvestdeal Securities Ltd., challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 19 February 2015, which set asid...

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Bombay High Court Adjudicates on Validity of HPCL Notifications Discontinuing and Revising Pension Benefits. The Court Examines Whether Employees Recruited Post-Acquisition and Retired Under ESSO/LIL Plans Are Entitled to Pension Protections Under ESSO Act, 1974 and Amalgamation Order.

The case involved a writ petition under Article 226 of the Constitution of India filed by the Pensioners Social & Welfare Association, a registered so...

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Supreme Court Allows Revenue's Appeals in Income Tax Case on Disallowance of Excess Cane Price Paid by Cooperative Society. Excess Payment Over Statutory Price Under Sugarcane (Control) Order, 1966 Held Not Deductible as Business Expenditure Under Section 37(1) of Income Tax Act, 1961.

The case involves a batch of appeals by the Commissioner of Income Tax, Bombay against the assessee, Tasgaon Taluka Sahakari Sikhar Karkhana Limited, ...

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Bombay High Court Full Bench adjudicates the limitation period for recovery of electricity charges under Section 56(2) of the Electricity Act, 2003. Conflicting Division Bench decisions on whether dues beyond two years can be recovered when not continuously shown as arrears are reconciled.

The case originated from a writ petition challenging an order of the Electricity Ombudsman regarding recovery of electricity dues for a period beyond ...

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Bombay High Court Dismisses Petition of FCI Manager Challenging Disciplinary Action for Insubordination. Refusal to Comply with Transfer Order and Failure to Recover Excess Payment Upheld as Willful Disobedience Under FCI Regulations.

The petitioner, B.R. Dharmik, was employed as Joint Manager (General) in the Food Corporation of India (FCI). He challenged the disciplinary orders da...

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Bombay High Court Hears Petition Against Coercive Recovery of Service Tax Without Adjudication, Examining Scope of Section 73 of Finance Act, 1994. The Court Considers Whether Revenue Can Take Steps Under Section 87 Absent Determination of Tax Liability Through Statutory Adjudication Process.

The petitioner, ICICI Bank Ltd., a scheduled bank, challenged a communication dated 25/3/2015 issued by the Service Tax authorities demanding interest...

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Bombay High Court Allows Writ Petition of Assistant Teachers Seeking Pay Upgradation Benefits from Date of Order. Zilla Parishad Teachers Entitled to Pay Revision from 02/12/2003 as Per Government Resolution.

The petitioners, four Assistant Teachers working in different Zilla Parishad schools in Chandrapur, filed a writ petition seeking the benefit of pay u...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Contract Dispute — Liquidated Damages and Interest Reduced. Court upholds arbitrator's finding on delay but modifies interest rate from 7% to 6% per annum under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, by Indian Oil Corporation Limited (petitioner) against a...