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Bombay High Court Upholds Octroi Levy on Imported Aircraft Parts in Customs Bonded Warehouse — Entry into Municipal Limits Occurs Upon Removal from Warehouse. Interpretation of 'Goods' and 'Entry' Under Section 192 of Mumbai Municipal Corporation Act, 1888 Confirms Levy is Valid and Not Ultra Vires.

The judgment concerns two writ petitions filed by Jet Airways (India) Ltd. and Reliance Commercial Dealers Ltd. challenging the levy of octroi by the ...

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Bombay High Court Upholds Industrial Court Order Against Employer for Unfair Labour Practices in MRTU & PULP Act Case. Employer directed to reinstate employee with full back wages and permanency benefits for engaging in unfair labour practices under Items 6 and 9 of Schedule IV of MRTU & PULP Act, 1971.

The petitioner, M/s Gannon Dunkerley & Co. Ltd., a public limited company engaged in supply of textile machinery and civil construction, challenged th...

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Bombay High Court Allows Appointment of Arbitrator in Commodity Exchange Dispute. Arbitration clause in agreement between stock exchange and metal exchange provides for reference of disputes to arbitration under the Arbitration and Conciliation Act, 1996.

The applicant, National Commodity and Derivatives Exchange Ltd. (NCDEL), a stock exchange, filed an application under Section 11 of the Arbitration an...

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Supreme Court Dismisses Appeal by Insurance Company in Fidelity Guarantee Claim for Employee Dishonesty. Employee Involvement in Substituting Mentha Oil with Water Proved Through Survey Report and Police Complaint, Upholding National Commission's Award of Rs. 3.46 Crore with Interest.

The appellant, Oriental Insurance Co. Ltd., issued a Fidelity Guarantee Insurance Policy to the respondent, National Bulk Handling Corporation Pvt. Lt...

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Bombay High Court Quashes Tender Award Due to Arbitrariness in Technical Evaluation. Petitioner's Bid Rejected Without Proper Consideration of Clarifications, Court Directs Reconsideration.

The petitioner, Kartikay Exploration and Mining Services Pvt. Ltd., challenged the award of a tender by the National Centre for Antarctic and Ocean Re...

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Bombay High Court Dismisses Port Trust's Suit Against Bank for Demurrage Charges — Bank Not Owner Under Major Port Trusts Act, 1963. Suit Against Bank Barred by Limitation as Goods Sold in 1979 and Suit Filed in 1982.

The plaintiff, Board of Trustees of the Port of Bombay (BPT), filed a suit against defendant No.1 (M/s. South Iron & Steel Co.) and defendant No.2 (Un...

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Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

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Supreme Court Upholds Penalty on Managing Director in FEMA Violation Case — Failure to Complete Import Formalities Constitutes Continuing Offence. Liability under Section 10(6) of FEMA, 1999 attaches to person responsible for conduct of business regardless of change in management.

The appeal arose from complaint proceedings initiated by the Enforcement Directorate under Section 16(3) of the Foreign Exchange Management Act, 1999 ...

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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Improper Complaint by Constituted Attorney. Complaint under Section 138 NI Act fails as attorney lacked personal knowledge and power of attorney was not proved.

The appellant, M/s. Amin Warehousing, a proprietary concern, filed a complaint through its constituted attorney against the respondent, Al Freight Int...