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Supreme Court Allows Employer's Appeal in Date of Birth Dispute, Setting Aside Award of Back Wages. Employee's Delayed Claim for Change of Date of Birth After 9 Years and Lack of Documentary Proof at Initial Stage Held to Be Unjustified and an Attempt to Take Double Advantage.

The present appeal arises from a dispute regarding the date of birth of respondent no.3, a former employee of Barsua Iron Ore Mines (a unit of SAIL). ...

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Supreme Court Dismisses Appeals in Arbitration Act Case Regarding Foreign Award Enforcement. Non-Signatory Parties Not Bound by Arbitration Agreement Under Alter Ego Doctrine for Enforcement Under Part II of Arbitration and Conciliation Act, 1996.

The Supreme Court of India heard civil appeals concerning the recognition and enforcement of foreign awards under Part II of the Arbitration and Conci...

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High Court of Karnataka Allows Appeal in Central Excise Case — Appellant Entitled to Cenvat Credit on Input Services. Definition of 'Input Service' Under Cenvat Credit Rules, 2004 is Broad and Includes Services Having Nexus with Manufacturing Business.

The appellant, Toyota Kirloskar Motor Private Limited, is a manufacturer of motor vehicles and parts, registered under the Central Excise Act. It file...

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High Court of Bombay Quashes Lok Adalat Award Against Insurance Company in Motor Accident Claim — Consent Given Without Proper Verification. Act Only Policy Does Not Cover Occupant of Vehicle, and Lok Adalat Award Based on Misunderstanding of Advocate's Presence is Set Aside.

The petitioner, United India Insurance Co. Ltd., filed a writ petition challenging the Lok Adalat award dated 3.3.2013 in Motor Accident Claim Petitio...

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Bombay High Court Allows Appointment of Arbitrator in Railway Contract Dispute Under Section 11 of Arbitration and Conciliation Act, 1996. Failure of Respondent to Appoint Arbitrator Within 30 Days of Demand Triggers Court's Power to Appoint Arbitrator.

The applicant, M/s. Railtech Infraventure Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appoi...

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Bombay High Court Dismisses ESIC Petition Challenging CAT Order Setting Aside Termination Based on Admission of Charges. Admission of Charges in Disciplinary Inquiry Requires Closure of Inquiry; Further Proceedings Violate Natural Justice.

The Employees' State Insurance Corporation (ESIC) challenged the judgment of the Central Administrative Tribunal (CAT) which set aside the termination...

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Bombay High Court Dismisses Winding Up Petition for Lack of Bona Fides and Substantial Defence. Company's claim of disputed debt and pending civil suit found to be a bona fide defence against winding up under Sections 433 and 434 of the Companies Act, 1956.

The petitioner, M/s. Joshi Bullion Gems & Jewellery Pvt. Ltd., filed a winding up petition under Sections 433 and 434 of the Companies Act, 1956 again...

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Bombay High Court Dismisses Criminal Applications Challenging Magistrate's Orders in Private Complaint Cases — Reiterates Limited Scope of Revision Against Interlocutory Orders Under Section 397 CrPC. Order Issuing Process Under Section 204 CrPC is Interlocutory and Not Subject to Revision.

The judgment involves multiple criminal applications filed before the Bombay High Court challenging orders passed by Magistrates issuing process again...