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Bombay High Court Allows Re-fixation of Pay for Retired District Judge from Date of Promotion with Interest. Petitioner, a retired District and Sessions Judge, entitled to re-fixation of basic pay from promotion date and interest on delayed payment under Article 226.

The petitioner, a retired District and Sessions Judge, filed a writ petition under Article 226 of the Constitution of India seeking re-fixation of his...

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Bombay High Court Dismisses Writ Petition Against MSME Facilitation Council Award on Maintainability Grounds. Council Has Jurisdiction Over Disputes Arising Before 2006 Act Came Into Effect.

The petitioner, Bajaj Auto Limited, challenged an award of the Micro and Small Enterprises Facilitation Council (respondent no. 4) in a writ petition ...

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Karnataka High Court Dismisses Writ Petition by Two Companies Challenging Gratuity Payment Order — Payment of Gratuity Act, 1972. Employee's continuous service under same management entitles him to gratuity despite separate corporate identities.

The petitioners, Varma Industrial Private Limited and IBC Knowledge Park Private Limited, challenged the order dated 31.05.2018 passed by the Assistan...

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Bombay High Court Allows Petitions Challenging Land Acquisition Under National Highways Act, 1956 for Lack of Personal Hearing. Compensation Determination Set Aside Due to Non-Compliance with Section 3G(2) Requiring Hearing Before Fixing Amount.

The petitioners, owners of land in Nagpur, challenged the acquisition of their land for the construction of a national highway under the National High...

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High Court of Madras Dismisses Appeal Under Section 37 of Arbitration Act Upholding Setting Aside of Arbitral Award for Perversity. Single Judge Correctly Found That Award Granting Damages for Loss of Business and Non-Supply Ignored Exclusion Clause and Lacked Evidentiary Basis.

The appeal arose from a dispute between a construction and engineering company (appellant) and an elevator manufacturer (first respondent) regarding c...

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Bombay High Court Allows Writ Petitions Challenging Central Excise Duty Demand on Scrap Generated During Car Manufacturing. Generation of scrap during manufacturing process is not a separate taxable event under Central Excise Act, 1944.

The judgment concerns two writ petitions filed by Premier Ltd. and New Holland Fiat (India) Pvt. Ltd. challenging show cause notices issued by the Cen...

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Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Internal Enquiry Report Not Shared With Contractor Before Imposing Business Ban, Rendering Order Arbitrary and Unreasonable.

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by respondent No.2, Oil and N...

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KAHC010131542020_1

The matter arose from two writ petitions filed by M/s. Chamundeshwari Electricity Supply Corporation Limited, a Government company engaged in electric...

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Bombay High Court Quashes Clarification in Direct Tax Vivad se Vishwas Act, 2020 — Circular No.21/2020 Held Ultra Vires. The clarification requiring withdrawal of appeal as a condition for filing declaration under the Act was struck down as arbitrary and violative of Article 14.

The petitioner, Macrotech Developers Limited, a public limited company engaged in real estate, filed a writ petition under Article 226 challenging a c...