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Bombay High Court Dismisses Writ Petition Challenging Transfer Order in Electricity Company — Transfer Held to be Administrative Necessity Not Punitive. Petitioner's Allegation of Malafides and Violation of Transfer Policy Not Established as Transfer Was to Same Cadre and Location.

The petitioner, Jitendra Dayaldas Fulwani, was an employee of Maharashtra State Electricity Transmission Company Ltd. (MSETCL) working as a Junior Eng...

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Supreme Court Upholds BCCI's Amenability to Writ Jurisdiction and Applies Public Law Principles to Direct Structural Reforms. Lodha Committee Recommendations for Amending BCCI's Memorandum of Association and Rules to Prevent Conflict of Interest and Ensure Transparency Considered.

The Supreme Court of India, in a sequel to its earlier order dated 22 January 2015 in BCCI v. Cricket Association of Bihar, considered the report and ...

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High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Arbitral Award and District Court Order in Partnership Dispute. Court holds that findings of fact by arbitrator are not open to reappreciation under Section 34 unless perverse or contrary to public policy.

The appellants, M. Mallikarjuna and Smt. Rajeshwari Mallikarjuna, filed an appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Full Bench adjudicates the limitation period for recovery of electricity charges under Section 56(2) of the Electricity Act, 2003. Conflicting Division Bench decisions on whether dues beyond two years can be recovered when not continuously shown as arrears are reconciled.

The case originated from a writ petition challenging an order of the Electricity Ombudsman regarding recovery of electricity dues for a period beyond ...

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Bombay High Court Upholds Levy of Fees on Transporters and Traders Under Essential Commodities Act for Maintenance of Public Distribution System. The court held that the levy under Section 3(3)(f) of the Essential Commodities Act, 1955 is a valid regulatory fee and not a tax.

The judgment involves multiple writ petitions and civil applications challenging the levy of fees on transporters and traders under the Maharashtra Es...

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Supreme Court Disposes of Appeals in Mining Lease Dispute – Withdrawal of Recommendation and Reservation Notifications Challenged.

These appeals arise from a common judgment of the Jharkhand High Court dated April 4, 2007, dismissing writ petitions filed by several companies engag...

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Bombay High Court Allows Writ Petition Challenging Termination of Contract Labourer Without Compliance with Section 25F of Industrial Disputes Act, 1947. Petitioner's Retrenchment Held Illegal as He Was a 'Workman' Under Section 2(s) and Termination Was Effected Without Notice or Compensation.

The petitioner, Vijay Appaso Dhavale, filed a writ petition before the Bombay High Court challenging his termination from employment with the Maharash...

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Supreme Court Hears Consolidated Writ Petitions Challenging the Process of Designation of Senior Advocates Under Section 16 of the Advocates Act, 1961. The Issue Concerns Whether the Existing System of Designation is Arbitrary and Violative of Articles 14, 15, and 21 of the Constitution.

Background: The case concerned a writ petition filed by a Senior Advocate challenging the prevailing system of designation of Senior Advocates in the ...

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Supreme Court of India Decides Revenue Appeal Against Tribunal's Order on Excise Valuation of Fiat Cars. Assessee's Price Below Cost Held as Normal Price Under Section 4(1)(a) by Tribunal, Revenue Challenges on Ground That Price Did Not Reflect Manufacturing Cost and Profit.

The dispute concerned the valuation of Fiat Uno model cars for central excise duty under Section 4 of the Central Excise Act, 1944. The assessee, M/s ...

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NCLAT Adjudicates Appeals Against NCLT Orders Directing Replacement of Resolution Professional. Issues Pertain to Applicability of Sections 97 and 98 of IBC to Part II CIRP and Interpretation of IBBI Bye-law 23A.

The appeals arise from insolvency proceedings of Hindusthan National Glass & Industries Limited. The Corporate Insolvency Resolution Process (CIRP) be...