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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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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 SEBI Consent Guidelines Requiring Pendency of Proceedings. Requirement of pendency of court proceedings or adjudication for consent applications under SEBI Guidelines is not arbitrary and does not violate Article 14 of the Constitution.

The petitioners, Shilpa Stock Broker Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution challenging the validity of cl...

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High Court of Karnataka Upholds University Ordinance on MBBS Exam Revaluation — Regulation 5 of RGUHS Ordinance dated 01.02.2021 held valid and not violative of Article 14. The court found that the ordinance prescribing a uniform revaluation fee and procedure was neither arbitrary nor discriminatory.

The petitioners, Vishweshwara C and Shashank S. Reddy, were first-year MBBS students at Srinivas Institute of Medical Sciences and Vydehi Institute of...

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Bombay High Court Allows Employer's Petition Against Gratuity Award in Favour of Dismissed Employee for Fraudulent School Certificate. Forfeiture of Gratuity Upheld Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972 for Misconduct Involving Moral Turpitude.

The petitioner, Western Coalfields Ltd., challenged the orders of the Controlling Authority (Assistant Commissioner, Labour, Chandrapur) dated 21.10.2...

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Bombay High Court Allows Petition Challenging Discriminatory Tender Conditions in Telecom Infrastructure Bid. Eligibility criteria requiring prior experience in road development and minimum turnover of Rs. 100 crores held arbitrary and violative of Article 14.

The petitioner, High-G Transmissions Pvt. Ltd., a private limited company registered as an Infrastructure Provider under the Indian Telegraph Act, 188...

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Bombay High Court Dismisses Employee's Petition Challenging Industrial Court's Order Substituting Dismissal with Reinstatement Without Back Wages. Employee's Misconduct of Carrying Unticketed Passenger and Improper Waybill Entries Did Not Warrant Dismissal; Industrial Court's Order Held Proportionate.

The petitioner, an employee of the Maharashtra State Road Transport Corporation, was dismissed from service after a departmental enquiry found him gui...

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Bombay High Court Quashes Removal Order in Disciplinary Matter Due to Non-Application of Mind by Disciplinary Authority. Disciplinary Authority's Disagreement with Enquiry Officer's Findings Without Proper Reappreciation of Evidence Rendered Punishment Invalid.

The petitioner, Dhirendra Kumar Pannalal Dixit, a post-graduate in Power Engineering, was appointed as a Lecturer at Visvesvaraya Regional College of ...