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Bombay High Court Dismisses Monsanto's Petition on Seed Supply as Sale, Allows Subway's Petition on Franchise as Service. Court Holds That Impregnated Seed Supply is Sale of Goods Under Maharashtra Value Added Tax Act, 2002, While Franchise Agreement is Not a Deemed Sale of Intellectual Property Rights.

The Bombay High Court adjudicated two writ petitions tagged together, raising the common issue of whether certain transactions were liable to service ...

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Supreme Court Dismisses Appeal in Duty Drawback Interest Case, Upholding High Court's Award of Interest for Delayed Refund. Clarificatory Circulars Under Exim Policy Have Retrospective Effect, Making Contractor Eligible for Duty Drawback and Interest Under Sections 27A and 75A of Customs Act, 1962.

The dispute arose from the respondent's claim for duty drawback under the deemed export scheme for civil construction work in the Koyna Hydro Electric...

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High Court of Gujarat Allows Appeal in Contract Dispute — Remands Case for Fresh Consideration of Counterclaim Due to Violation of Natural Justice. Failure to Provide Opportunity to Lead Evidence on Counterclaim Under Order 8 Rule 6A CPC Warrants Remand.

The appellant, Executive Engineer of Gujarat Water Supply and Sewerage Board, filed a suit for damages of Rs. 17,28,855.65 against the respondent, Kat...

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Bombay High Court Dismisses Union's Petition Challenging Industrial Tribunal Award on Regularisation of Canteen Workers. Contract Labour System Upheld as Genuine, Not a Sham, and Workers Not Entitled to Direct Employment by Principal Employer.

The judgment arises from a writ petition filed by Contract Laghu Udyog Kamgar Union challenging an award of the Industrial Tribunal dated 19th March 2...

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High Court of Bombay Dismisses Appeal Against Remission of Arbitral Award for De Novo Consideration Due to Jurisdictional Error. Arbitrator Exceeded Jurisdiction by Entertaining Claims Not Raised Before Chief Engineer and Commissioner Under Contractual Pre-Arbitration Procedure.

The appellant, Biwater Penstocks Ltd., a UK-based company, entered into a contract with the Municipal Corporation of Greater Bombay (first respondent)...

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Bombay High Court Allows Safai Kamacharis' Petition Against Arbitrary Termination by Municipal Corporation. Contractual Termination Set Aside for Violation of Natural Justice and Right to Livelihood Under Article 21.

The petitioners, nineteen individuals, were working as safai kamacharis (sanitation workers) on a contract basis with the Pimpri Chinchwad Municipal C...

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Bombay High Court Allows Petition of Supplier Against Western Coalfields Limited for Withholding Admitted Dues. Withholding of Payment Based on Vigilance Report Without Hearing Violates Natural Justice.

The petitioner, Sujyoti India (P) Limited, a private limited company and authorized distributor of SKF India Limited, entered into a rate contract wit...

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Bombay High Court Quashes Disqualification of Bidders in Municipal Tenders for Violation of Natural Justice. Tender Committee's Disqualification Orders Set Aside as No Show-Cause Notice or Opportunity of Hearing Was Given Before Blacklisting.

The petitioners, Nitish Kailash Kapadne and Dinkar Dnyandeo Rane, filed two separate writ petitions under Articles 226 and 227 of the Constitution of ...