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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

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Bombay High Court Quashes Criminal Proceedings in Legal Metrology Case — Non-Compliance with Sampling Rules. Failure to Follow Section 29(6) of Standards of Weights and Measures Act, 1976 and Rule 23 of Standards of Weights and Measures (Enforcement) Rules, 1985 Renders Seizure and Prosecution Invalid.

The applicants, Colgate-Palmolive (India) Ltd. and its Deputy Company Secretary, filed a criminal application under Section 482 of the Code of Crimina...

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High Court of Judicature at Bombay Examines Challenge to Assessment Order Restricting Sales Tax Incentives under Package Scheme of Incentives, 1993. Expansion Unit Seeks Quashing of Order Alleging It Is Without Jurisdiction and Contrary to Scheme Terms.

The petitioner, Mahindra & Mahindra Limited, a company engaged in the manufacture and sale of automobiles and spare parts, filed a writ petition befor...

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Bombay High Court Dismisses Challenge to Metro Fare Hike; Judicial Review Not Permitted Over Specialist Committee's Decision Under Metro Act. Fare Fixation Committee's Determination Based on Section 34 Prevails Over Contractual Fare Stipulations, Limited to Checking Arbitrariness or Perversity.

The writ petition challenged the Fare Fixation Committee's decision to increase Mumbai Metro fares from Rs.9-13 to Rs.10-110 from January 2015. The pe...

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High Court of Karnataka Allows Writ Petition Seeking Recovery of Gratuity Arrears. Mandamus Issued to Enforce Controlling Authority's Order Under Payment of Gratuity Act, 1972, Rejecting Government's Plea of Pending Apex Court Decision.

The petitioner, a Group-D employee in a government school, joined service on 18-11-1971 and retired on 31-05-2013 after 42 years of service. He was in...

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Bombay High Court Upholds Constitution of Special Bench by ITAT President on CBDT Request in Income Tax Appeal. Power under Section 255(3) of Income Tax Act is Administrative and Not Subject to Prior Hearing or Natural Justice.

The petitioner, M/s Jagati Publications Ltd., a public limited company publishing a Telugu newspaper, filed a writ petition in the Bombay High Court c...

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High Court Hears Public Interest Litigation Challenging Closure of Pathway and Old Bridge by Power Company; Issue of Whether Spillway is Public Road and Whether Closure is Unauthorised Considered

The dispute arose from a public interest litigation filed by a retired municipal engineer and resident of Lonavala, challenging the closure of a pathw...

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Supreme Court Dismisses Appeal of Distribution Licensee Against Tariff Revision for Change in Law Under Electricity Act, 2003. Non-Allocation of Coal Linkage Despite Government Assurance Constitutes Change in Law Entitling Generating Company to Compensatory Tariff.

The case involves a dispute between Jaipur Vidyut Vitran Nigam Limited (JVVNL), an electricity distribution licensee in Rajasthan, and Adani Power Raj...