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Supreme Court Allows Appeal of Commissioner of Customs in Central Excise Case — CESTAT Order Set Aside for Non-Application of Mind. Processing of Cotton Fabrics with Aid of Power Without Following Excise Procedures Constitutes Manufacture Under Section 2(f) of Central Excise Act, 1944.

The case involves an appeal by the Commissioner of Customs, Central Excise & Service Tax, Rajkot against an order of the Customs, Excise and Servi...

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Bombay High Court Allows Petitions Challenging Demolition of Structures by Nashik Municipal Corporation Without Proper Notice and Hearing. Demolition Without Prior Notice Violates Principles of Natural Justice Under Section 53A of MRTP Act and Section 169 of MMC Act.

The judgment involves a group of writ petitions filed by individuals and businesses challenging the demolition of their structures by the Nashik Munic...

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Bombay High Court Quashes FIR Against Government Engineers in SC/ST Act Case for Lack of Intent to Humiliate. Caste-Based Insult Allegation Fails as Incident Occurred in Private Meeting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The petitioners, Prashant Patil and Mohan Gavit, were Assistant Junior Engineer and Sectional Engineer respectively at Panchayat Samiti, Sakri. Respon...

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Bombay High Court Quashes Transfer Order of Driver in Health Services for Violation of Transfer Guidelines. Transfer of employee with less than two years at current station held contrary to Government of Goa's transfer policy requiring minimum tenure of two years.

The petitioner, Mr. Thomas George D'Souza, was employed as a driver with the Directorate of Health Services, Government of Goa, and had completed abou...

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Bombay High Court Allows Appeal by Employer in Industrial Dispute — Tribunal Award Set Aside for Lack of Jurisdiction. The Court held that the Industrial Tribunal had no jurisdiction to entertain the reference as the dispute was not an industrial dispute under the Industrial Disputes Act, 1947.

The present appeal is directed against the order passed by the learned Single Judge in Writ Petition No.4009/1997, on 19th of September, 2007. The pre...

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Bombay High Court Allows Appointment of Arbitrator in Partnership Dispute Despite Objections to Earlier Appointee. Court Holds That Arbitration Clause Survives Dissolution and Section 11(6) of Arbitration and Conciliation Act, 1996 Empowers Court to Appoint Arbitrator When Parties Fail to Agree.

The applicants, partners of a dissolved partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeki...

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Bombay High Court Upholds 60 Years Retirement Age for Workmen Under Model Standing Orders in Unfair Labour Practice Case. Employer's Reduction of Retirement Age from 60 to 58 Years Held Unfair Labour Practice Under Item 9 of Schedule IV of MRTU & PULP Act, 1971.

The case involves a Letters Patent Appeal and Cross Objection against a judgment of a learned Single Judge of the Bombay High Court in Writ Petition N...

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Bombay High Court Dismisses Petition of Workmen Seeking Absorption in Western Coalfields Limited — Canteen Workers Not Entitled to Direct Absorption as Contractor Was Not a Sham and Contract Labour Was Not Prohibited Under the Contract Labour (Regulation and Abolition) Act, 1947.

The petitioner, a trade union representing workmen of Taroda Opencast Mine of Western Coalfields Limited, challenged an award of the Central Governmen...

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Bombay High Court Dismisses PIL Challenging Entertainment Tax Exemption for IPL Matches — State Government's Policy Decision Not Interfered With. Policy Decision on Tax Exemption Upheld as Not Arbitrary Under Bombay Entertainment Duty Act, 1923.

The petitioner, a sitting Member of the Maharashtra Legislative Assembly, filed a Public Interest Litigation challenging the propriety of the decision...