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KAHC010026042017_1

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Bombay High Court Quashes Condonation of Delay in Gratuity Appeal — Delay Beyond 120 Days Cannot Be Condoned Under Payment of Gratuity Act, 1972. Section 7(7) First Proviso Imposes Absolute Bar on Entertaining Appeal Filed After 120 Days from Receipt of Controlling Authority's Order.

The petitioner, Changunabai Sambhaji Gaware, a retired employee, filed a writ petition challenging the order of the Industrial Court dated 18.11.2014,...

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Karnataka High Court Dismisses Petitions Challenging Service Tax on Renting of Hotels and Restaurants. Sub-clauses (ZZZZV) and (ZZZZW) of Section 65(105) of Finance Act, 1994 as amended by Finance Act, 2011 held to be within legislative competence of Parliament.

The case involves three writ petitions filed under Articles 226 and 227 of the Constitution of India before the Karnataka High Court. The petitioners ...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Failure to Record Reasons for Belief and Inform Accused of Right to be Searched Before a Gazetted Officer or Magistrate Renders Conviction Unsustainable.

The appellant, Mohd. Akram Mohd. Majij Shaikh, was convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) by the Special ...

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Supreme Court Adjudicates Batch of Appeals Involving Transit Fee Levied by Uttar Pradesh, Uttarakhand and Madhya Pradesh Under Indian Forest Act, 1927. Appeals Arise from Differing High Court Decisions on Validity of Transit Rules Framed Under Section 41.

The Supreme Court addressed a batch of cases concerning the levy of transit fee on forest produce. The matter involved three States: Uttar Pradesh, Ut...

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Bombay High Court Upholds Levy of Market Fees on Vanaspati as Edible Oil Under Maharashtra APMC Act. Hydrogenated Vegetable Oil Held to Fall Within 'Edible Oils' Entry Added by 1987 Notification; Levy of Fees and Supervision Charges Upheld.

Two writ petitions were filed by companies manufacturing Vanaspati, challenging the levy of market fees and supervision charges by the Mumbai Agricult...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Quashes FIR Against Petitioners in Food Adulteration Case — No Offence Made Out Under Food Safety and Standards Act, 2006. Sale of 'Mint' and 'Saunf' Products Not Prohibited Under Section 26(2)(i) of FSS Act, 2006 as They Are Not 'Food' as Defined.

The petitioners, Anand Ramdhani Chaurasia and Vijay Banarasi Chaurasia, were engaged in the business of selling 'Mint' and 'Saunf' products. On 12th J...