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Madras High Court Dismisses Writ Petition Challenging Show Cause Notice Under Tamil Nadu Protection of Tanks Act — Petitioner Directed to Submit Explanation Before Authorities. Writ Against Show Cause Notice Not Entertainable; Authorities Must Adjudicate After Hearing Alleged Encroacher.

The petitioner, Felix Edward R, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court challenging a show c...

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Supreme Court Allows Appeal in Arbitration Dispute Over Fermentation Plant Performance Guarantee. Court Restores Arbitral Award for Rs.68.15 Lakhs as Damages for Non-Performing Machinery, Holding That Such Claim Is Separate from Liquidated Damages and Not Barred by Section 74 of the Contract Act.

The dispute arose from an agreement dated 17th November 1992 between Sahakarmaharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. (appellant) and Th...

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Bombay High Court Dismisses Club's Appeal Against ESI Interest Demand — Interest Under Section 39(5)(a) of ESI Act, 1948 is Mandatory and Cannot Be Waived. Voluntary Coverage and Deposit of Principal Without Prejudice Do Not Extinguish Statutory Interest Liability.

The appellant, Bombay Gymkhana Limited, a club incorporated under the Indian Companies Act, 1913, was initially covered under the Employees' State Ins...

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Bombay High Court Dismisses Petitions Challenging University's Refusal to Grant Affiliation to College of Physical Education. University's Decision Upheld as Reasonable and Not Arbitrary Under Article 226 of the Constitution of India.

The judgment concerns three writ petitions filed against the North Maharashtra University, Jalgaon, and other respondents. The petitioners, Pradeep Vi...

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Bombay High Court Dismisses Petition by Krishi Vigyan Kendra Challenging Labour Court Order of Reinstatement with Back Wages. Employee's Resignation Not Voluntarily Made and Not Accepted by Employer, Hence No Cessation of Employment.

The petitioner, Krishi Vigyan Kendra, challenged the judgment of the Labour Court dated 08/12/2009 partly allowing Complaint (ULP) No.41/2005 filed by...

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Bombay High Court Allows Defendant's Counter Claim Despite Limitation Concerns in Summary Suit — Limitation is a Mixed Question of Law and Fact Not to Be Decided on Affidavits

The case arises from a Summary Suit instituted in 1997 by Tube Investment of India Limited (Plaintiff) against Gulf Oil India Limited (Defendant) on t...