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Bombay High Court Allows Assessee's Appeals on Cenvat Credit for Inputs Used in Exempted Goods, Partially Allows Revenue's Appeals on Education Cess. Tractors are exempted goods despite education cess, but separate accounts are required under Rule 6 of Cenvat Credit Rules, 2004.

The judgment concerns multiple appeals filed by M/s. Mahindra & Mahindra Ltd. (Assessee) and the Commissioner of Central Excise (Revenue) against a co...

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Bombay High Court Dismisses Petition Against Civil Suit for Medical Negligence Despite Prior Consumer Forum Dismissal. Principle of Res Judicata Not Applicable to Consumer Forum Decisions Under Section 9 of Consumer Protection Act, 1986.

The case involves a dispute over medical negligence leading to the death of a baby boy. The respondents (parents) initially filed a complaint before t...

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Bombay High Court Dismisses Petition Challenging AICTE's 'No Admission' Decision for Polytechnic College Due to Infrastructure Deficiencies. Institution's 1983 Establishment Does Not Exempt It from Compliance with 2010 Regulations for Extension of Approval.

The petitioner, Khalapur Taluka Shikshan Prasarak, a trust, established the second petitioner, a polytechnic college, in 1983. The institution conduct...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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Bombay High Court Dismisses Petition Seeking Retrospective Promotion and Back Wages for Master's Post — Exoneration Does Not Automatically Entitle to Retrospective Promotion or Back Wages Without Specific Order.

The petitioner, Lt. Cdr. Alok Verma, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus directing the Shipping Co...

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Bombay High Court Dismisses Union's Petition Seeking Pay Scales as per Government Notification. Industrial Court's finding that the Government Notification dated 27.07.1989 was not applicable to the complainants and that the settlement at Exh. 48 governed their pay scales was upheld.

The petitioner, a trade union of non-teaching employees of Ramdeobaba Kamla Nehru Engineering College, filed a complaint under the MRTU & PULP Act all...