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Bombay High Court Allows Employee's Writ Petition Challenging Industrial Court's Reversal of Reinstatement Order. Industrial Court Erred in Permitting De Novo Enquiry Without Employer Reserving Right in Written Statement as Per Supreme Court Precedent.

This writ petition arises from an industrial dispute where the petitioner-employee, a sweeper with the Nanded-Waghala City Municipal Corporation, chal...

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Supreme Court Allows State Appeals in Land Acquisition Case — Doctrine of Legitimate Expectation Cannot Override Statutory Acquisition Process. Industrial Development Constitutes Valid Public Purpose Under Land Acquisition Act, 1894.

The appeals arise from a common judgment of the Uttarakhand High Court dated 02.11.2018, which dismissed the appeals filed by the appellants (the Stat...

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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 Considers Letters Patent Appeal Against Single Judge's Order in Retrenchment Dispute, Examining Scope of Industrial Tribunal's Jurisdiction. Key Issues Include Whether Tribunal Could Determine Legality Under Section 25F When Reference Limited to Justifiability of Retrenchment.

The appeal arose from an industrial dispute concerning the retrenchment of seven workmen by M/s DBH International Ltd., a clearing and forwarding agen...

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Bombay High Court Upholds School Tribunal's Power to Set Aside Termination but Remands for Fresh Enquiry in Teacher Misconduct Case. Management's Challenge to Tribunal's Order Partly Allowed; Teacher's Cross-Petition for Reinstatement Dismissed.

The judgment arises from two cross-petitions: one by the management (Shri A.P.D. Jain Pathshala and Walchand College of Arts & Science) challenging th...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Hotel Management Contract Dispute — No Interference Under Section 34 as Findings Are Plausible. Arbitrator's Finding of Breach of Contract and Award of Damages Upheld as Not Perverse or Contrary to Public Policy.

The petitioner, Hotel Corporation of India Ltd., challenged an arbitral award passed by a sole arbitrator under Section 34 of the Arbitration and Conc...