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Gujarat High Court Allows ESI Corporation's Appeal in ESI Coverage Dispute — Remand Order Set Aside for Lack of Jurisdiction. ESI Court Exceeded Its Powers Under Section 75 of ESI Act, 1948 by Remanding Matter to Appellate Authority Instead of Adjudicating Dispute Itself.

The present appeal arises from a judgment dated 01.04.2023 passed by the learned ESI Court, Ahmedabad in ESI Application No. 54 of 2017. The appellant...

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Supreme Court Allows Appeal in MPID Act Deposit Dispute — High Court Erred in Treating Investment as Loan Transaction. The court held that amounts advanced with promise of interest constitute 'deposit' under Section 2(c) of MPID Act, and failure to repay amounts to 'fraudulent default' under Section 3.

The present appeal arises from a judgment of the Bombay High Court dismissing the appellants' Criminal Revision Application under the MPID Act. The ap...

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Bombay High Court Hears Writ Petition Against Disqualification of Gram Panchayat Members Under Maharashtra Village Panchayats Act. Allegations of Encroachment on Government Land Led to Disqualification Under Section 14(1)(j-3); Petitioners Argued Encroachments Were by Spouses, Not Themselves.

The petitioners were elected members of Gram Panchayat Kalamb, with petitioner no.1 elected as Sarpanch. Respondent nos.5 and 6 filed a complaint on 5...

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Gujarat High Court Quashes FIR in Loan Dispute — Non-Repayment of Loan Does Not Constitute Cheating or Criminal Breach of Trust Under Sections 406 and 420 IPC. Civil Nature of Dispute Leads to Quashing of Criminal Proceedings as Abuse of Process.

The applicant, Bhavinchandra Suryakant Purohit, filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure, 1973 (...

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Bombay High Court Dismisses Writ Petition Challenging Sales Tax Assessment Orders Due to Availability of Alternative Remedy. Petitioners Failed to Show Exceptional Circumstances to Bypass Statutory Remedy of Reference Under Section 61(1) of Bombay Sales Tax Act, 1959.

The petitioners, Tata Sons Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court chal...

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Bombay High Court Dismisses Petition Challenging Industrial Tribunal Award in Workmen Termination Dispute. Employer-Employee Relationship Established Between Firm and Workmen Despite Contractor Engagement.

The petitioner, a partner of M/s. Shah & Co., challenged an award of the Industrial Tribunal at Mumbai in Reference (IT) No.24 of 2011. The dispute co...

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Appropriate Government for ARAI held to be State Government – Petitioner not deemed a ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947 – Petition dismissed

The petitioner’s supervisory and managerial functions disqualified him from being classified as a ‘workman.’ The nature of duties and responsib...

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Supreme Court Disposes of Appeal in Property Dispute, Directs Status Quo Pending Civil Suit. Unilateral Cancellation of Registered Sale Deed Held Subject to Adjudication by Competent Civil Court.

The case involves a property dispute where the appellants claimed to have purchased land measuring Acs.3.46 cents from respondent Nos.1 to 4 through a...

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Bombay High Court Dismisses Petition Challenging Appointment of Nominated Councillor as Leader of House in Pune Municipal Corporation. Section 19-1A of Maharashtra Municipal Corporation Act, 1949 Does Not Require Leader to Be Elected Councillor; Term 'Councillor' Includes Nominated Members.

The Bombay High Court dismissed a writ petition challenging the appointment of a nominated Councillor as Leader of the House in the Pune Municipal Cor...