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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Bombay High Court Dismisses Petition Challenging Transfer Order in ONGC — No Violation of Service Rules Found. Transfer order issued on administrative grounds upheld as petitioner failed to establish mala fides or breach of transfer policy.

The petitioner, Rajinder Paul Bharadwaj, was working as Manager (MM) in the Oil and Natural Gas Corporation Ltd. (ONGC) at Mumbai. He was transferred ...

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Court Upholds Recruitment Rules of 2015, Dismisses Petition Challenging RFO Seniority List. Petitioners' reliance on superseded 1998 Rules and failure to include all affected parties lead to dismissal; seniority list validated under 2015 Rules.

The petitioners challenged the seniority list based on the Recruitment Rules of 1998, arguing against the application of the Recruitment Rules of 2015...

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High Court Upholds Award Directing Absorption of Contract Workers as Permanent Employees. Tribunal's Finding of Sham Contract Upheld as Workers Were Directly Supervised and Paid by Principal Employer Under CLRA Act, 1970.

The Airports Authority of India (AAI), a statutory body, filed a writ petition under Article 226 of the Constitution challenging the Award dated 26 Ma...

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Bombay High Court Discharges Public Servants in Jail Sepoy Recruitment Scam Case for Lack of Sanction Under Section 197 CrPC. Alleged Acts of Tampering with Marks Were Part of Official Duties, No Prima Facie Case of Criminal Conspiracy Made Out.

The Bombay High Court allowed a batch of writ petitions challenging the rejection of discharge applications by the Special Judge in a corruption case ...

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Supreme Court Hears Public Interest Litigation on Unregulated Stem Cell Therapies for Autism Spectrum Disorder. Court Examines Legality Under Drugs Act and Lays Down Permissibility of Such Therapies in Clinical Trial Settings Only.

This Public Interest Litigation was filed by Yash Charitable Trust and others before the Supreme Court, raising concerns about the rampant promotion a...

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Bombay High Court Dismisses Petitions Challenging Transfer Orders of Bank Employees — Transfer Policy Not Violative of Service Conditions. Employer's Right to Transfer Upheld as Incident of Service.

The judgment involves multiple writ petitions filed by employees of the Chandrapur District Central Co-operative Bank Ltd. challenging their transfer ...

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Bombay High Court Upholds Minority Scholarship Schemes as Constitutional — Schemes for Minority Communities Do Not Violate Article 14 or 15(1) as They Are Based on Backwardness and Not Religion Alone.

The Bombay High Court disposed of two public interest litigations challenging the constitutional validity of two scholarship schemes for minority comm...

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Bombay High Court Allows Writ Petition of Personal Assistants Seeking Parity in Pay Scale with Stenographers. Court holds that Personal Assistants and Stenographers perform identical duties and are entitled to equal pay under the principle of equal pay for equal work.

The petitioners, seven Personal Assistants working in the Bombay High Court, filed a writ petition seeking parity in pay scale with Stenographers. The...