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Bombay High Court Quashes TPO Order in Transfer Pricing Adjustment for Demerger Transaction. Held that transfer pricing provisions under Section 92 of Income Tax Act, 1961 do not apply to a demerger approved by High Court where assets and liabilities are transferred at book value without any consideration.

The petitioner, Times Global Broadcasting Company Ltd, a wholly owned subsidiary of Benett, Coleman and Company Ltd (BCCL), was engaged in distributio...

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Bombay High Court Upholds Labour Court's Modification of Dismissal to Withholding of Increments in Hospital Employee Misconduct Case. Labour Court's Power Under Section 11A of Industrial Disputes Act, 1947 to Alter Disproportionate Punishment Upheld, Denial of Back Wages Affirmed.

The judgment concerns two cross writ petitions arising from an award dated 10 May 2011 passed by the Labour Court in Reference (IDA) No. 107 of 2008. ...

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Bombay High Court Dismisses Petition of Professors Challenging Exclusion from Director Selection Process in Autonomous College. Internal Candidates Not Entitled to Be Considered if They Do Not Meet Qualifications Prescribed by Board of Governors Under Autonomous Status.

The petitioners, Prof. Bandu Baburao Meshram and Prof. Abhay Bambole, were professors at Veermata Jijabai Technological Institute (VJTI), an autonomou...

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Bombay High Court Dismisses Petitions Challenging AAIFR Order Rejecting Revival Scheme for Sick Company Under SICA. The court held that the AAIFR's findings on non-compliance and lack of feasibility were based on evidence and not perverse, thus no interference under Article 226 was warranted.

This group of writ petitions challenges a common order dated 28/5/2010 passed by the Appellate Authority for Industrial and Financial Reconstruction (...

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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 Dismisses Petition Challenging IRDA's Rejection of Insurance Broker License Transfer. Transfer of Corporate Agency License Requires Prior Approval Under Insurance Act, 1938 and IRDA Regulations.

The petitioners, including Wills India Insurance Brokers Pvt. Ltd. and others, filed a writ petition under Article 226 of the Constitution of India ch...

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Bombay High Court Dismisses Petition of ONGC Employee Alleging Victimization for Whistleblowing — Promotion Not a Fundamental Right. Employee Failed to Establish Arbitrariness or Mala Fides in Denial of Promotion and Disciplinary Action.

The petitioner, Kuldeep Kumar Sethee, an officer of Oil and Natural Gas Corporation Limited (ONGC), filed a writ petition alleging that he was denied ...

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Bombay High Court Dismisses Appeal by School Management Against Reinstatement of Probationary Teacher. Termination of probationer without inquiry and without approval under Section 5 of MEPS Act is invalid.

The case involves an appeal by a school management (Shri Vinayak Vidhyadayini Trust and its Headmistress) against the order of the School Tribunal and...

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High Court of Bombay at Goa Dismisses ESI Corporation's Appeal in Coverage Dispute — Establishment Not Engaged in Manufacturing Activity. Use of gas lighter for polishing does not constitute manufacturing process under Section 2(k) of ESI Act, 1948.

The Regional Director of the Employees' State Insurance Corporation (appellant) filed an appeal under Section 82 of the Employees' State Insurance Act...