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Gujarat High Court Quashes Penalties on Customs Broker for Importer's Misdeclaration — No Mens Rea or Knowledge of Fraud Established. Section 112(a), 112(b), 114AA of Customs Act, 1962 require active involvement or knowledge for penalty imposition on customs broker.

The petitioner, M/s. Mathuradas Narandas and Sons Forwarders Ltd., a customs broker, was engaged by GKR Traders Pvt. Ltd., the importer, to facilitate...

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High Court of Karnataka Allows Writ Petition of BMTC Employee Challenging Reversion Without Natural Justice. Reversion from Office Helper to Cleaner Quashed for Violation of Audi Alteram Partem.

The petitioner, M.B. Jayadevaiah, was employed as an Office Helper with the Bangalore Metropolitan Transport Corporation (BMTC). He was appointed as a...

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Bombay High Court Remands Disproportionate Punishment Case to Industrial Court for Fresh Determination of Quantum. Industrial Court's Power to Interfere with Punishment Under MRTU & PULP Act Upheld, but Remand Ordered for Proper Application of Proportionality Principle.

The Maharashtra State Road Transport Corporation (MSRTC) challenged the judgment of the Industrial Court, which had set aside the punishment of perman...

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Bombay High Court Dismisses MSRTC's Petition Challenging Industrial Court's Order Setting Aside Disproportionate Punishment. Industrial Court's Power to Interfere with Punishment Under MRTU and PULP Act Upheld — Permanent Stoppage of Increments for Outraging Modesty Found Disproportionate.

The Maharashtra State Road Transport Corporation (MSRTC) challenged the judgment of the Industrial Court, which had set aside the punishment of perman...

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High Court of Bombay at Goa Dismisses Appeal in Land Acquisition Case — No Enhancement of Compensation for Acquired Land. Appellants failed to prove entitlement to enhanced market value of Rs.2500 per sq. metre under Section 18 of the Land Acquisition Act, 1894.

The appellants, owners of land acquired for road construction in Margao, Goa, challenged the compensation awarded by the Land Acquisition Officer at R...

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Bombay High Court Dismisses Petition to Quash Process in NI Act Case Against Sick Company's Managing Director. Court holds that declaration of a company as sick under SICA does not absolve its directors from criminal liability under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Omesh Keshav Karnik, Managing Director of Phoenix Fine Chem Pvt. Ltd., a sick company, filed a Criminal Writ Petition before the Bomba...

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Bombay High Court Dismisses Writ Petition of Stamp Vendor-Postman Challenging Reduction in Pay for Misappropriation of Rs.330/-. Disciplinary action upheld as punishment was not disproportionate and findings were based on evidence.

The petitioner, Shailendra Sahedeo Mondkar, was a stamp vendor-postman in the office of Bharat Chamber Post Office, Kalbadevi, Mumbai. He was selected...

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Bombay High Court Dismisses Union's Challenge to Dearness Allowance Scheme Modification in Wage Reference. Court Upholds Industrial Tribunal's Decision to Remove Linkage Between Dearness Allowance and Basic Pay Under Section 9A of Industrial Disputes Act, 1947.

The Madura Coats Employees Union filed a writ petition under Article 226 of the Constitution challenging an award of the Industrial Tribunal which, in...