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Bombay High Court Quashes Port Trust Demurrage Circular for Lack of Authority. Traffic Manager Cannot Levy Demurrage Without TAMP Approval Under Major Port Trusts Act, 1963.

The petitioners, M/s Kundil Sponge Iron Limited and its director Vijay Kashyap, filed a writ petition under Article 226 of the Constitution of India c...

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Bombay High Court Quashes Pune Municipal Corporation Resolution and Circular on Compounding Fees for Building Irregularities. Resolution Held Ultra Vires MRTP Act and BPMC Act as No Power to Levy Such Charges for Regularization Under Section 53(3).

The case involved three writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court challenging a Resolution date...

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Bombay High Court Quashes Prosecution of Directors for Delayed TDS Deposit Under Section 276B Income Tax Act — Delay Not Equivalent to Failure to Pay. Vicarious Liability Requires Specific Averments of Being In-Charge and Responsible; No Notice Under Section 2(35) or Order Under Section 201(1) Passed.

The petitioners, directors of M/s. Hubtown Ltd., challenged the issuance of process against them under Section 276B r/w 278B of the Income Tax Act, 19...

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Madras High Court Considers Appeal Against Order Setting Aside Arbitral Award in Berth Reservation Dispute. Court Examines Whether the Claim Was Barred by Limitation and Whether the Award Was Patently Illegal Under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.

The judgment of the Madras High Court in OSA (CAD) No. 39 of 2021 involved an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, a...

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Bombay High Court Quashes Punishment Order Against Gram Sevak for Violation of Natural Justice in Disciplinary Proceedings. Non-Supply of Enquiry Report and Denial of Reasonable Opportunity Renders Disciplinary Action Void.

The petitioner, Bhausaheb Balkrishna Ghare, was appointed as a Gram Sevak in Panchayat Samiti, Ahmednagar on 01.07.1991. He was transferred to various...

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Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...