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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 Allows CIDCO's Petition, Quashes Industrial Court Order Directing Permanent Employment of Contractual Employee. Contractual Appointment with Breaks Does Not Automatically Confer Right to Permanency Under MRTU & PULP Act.

The Bombay High Court allowed a writ petition filed by City Industrial Development Corporation of Maharashtra Ltd. (CIDCO) challenging an order of the...

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Bombay High Court Allows Writ Petition of Deputy Registrars Challenging Recovery of Excess Salary Due to Mistaken Pay Rule Interpretation. Court holds that recovery of excess payments made without employee fault violates Article 300A of the Constitution and principles of equity.

The petitioners, eight former and current Deputy Registrars of the Bombay High Court, filed a writ petition challenging the decision of the Registrar ...

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Bombay High Court Allows Writ Petition Challenging Termination of Contract by Municipal Corporation — Violation of Natural Justice and Contractual Obligations. Contract Termination Set Aside as Corporation Failed to Follow Contractual Dispute Resolution Mechanism and Principles of Natural Justice.

The petitioner, BVG India Ltd., was awarded a contract by the Navi Mumbai Municipal Corporation in January 2016 for a period of five years for solid w...

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Bombay High Court Upholds MEP Notification for Iron Ore and Steel Products as Valid Exercise of Power Under Foreign Trade Act. Court holds that Minimum Export Price is a reasonable condition for export licensing and does not violate fundamental rights.

The petitioners, JSW Steel Limited and Welspun Tradings Limited, along with their officers, challenged the constitutional validity of the Minimum Expo...

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Bombay High Court Dismisses Writ Petition Challenging CIDCO's Refusal to Grant Lease in Favour of Air India Employees' Cooperative Housing Society. Transfer of Land Allotted to Air India for Staff Quarters Requires Prior Permission of CIDCO Under New Bombay Disposal of Lands Regulations 1975.

The petitioners, a cooperative housing society formed by employees of Air India, sought a writ of mandamus directing CIDCO to grant a lease in their f...

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WRIT PETITION NO.1430 OF 2011

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