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Bombay High Court Dismisses Petition of ONGC Employee Alleging Victimization for Whistleblowing — Promotion Not a Fundamental Right. Employee Failed to Establish Arbitrariness or Mala Fides in Denial of Promotion and Disciplinary Action.

The petitioner, Kuldeep Kumar Sethee, an officer of Oil and Natural Gas Corporation Limited (ONGC), filed a writ petition alleging that he was denied ...

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Bombay High Court at Goa Directs Strict Environmental Compliance in Vasco City Pollution Case. Court applies precautionary principle and public trust doctrine to prevent atmospheric pollution from coal and iron ore handling.

The judgment arises from a Suo Motu Writ Petition initiated by the Bombay High Court at Goa based on a letter from the Goa Citizens' Watch Dog Associa...

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Bombay High Court Allows Appointment of Arbitrator Despite Death of Named Arbitrators in Arbitration Clause. Clause 21 of Agreement Construed as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The Applicant, Global Cements Ltd., entered into an agreement for sale with the Respondent, The Associated Cement Companies Ltd., on 16 December 1989....

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Bombay High Court Allows Appeal in ESI Act Case — Establishes Separate Entities Not Functionally Interconnected. Functional Interconnectivity Test Under Section 75(1)(g) of ESI Act, 1948 Requires Common Supervision, Finance, and Labour; Mere Common Partners Insufficient.

The appellant, M/s. New Power Supply, a partnership concern engaged in manufacturing and repairing power transformers, filed an appeal against the jud...

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Bombay High Court Allows Arbitration Application in Out-of-State Contract Dispute. Holds That Arbitration Is Not a 'Thing Done' Under Maharashtra Stamp Act, 1958, and Contract Executed and Performed Outside Maharashtra Is Not Liable to Stamp Duty in Maharashtra.

The applicant, S Satyanarayana & Co, a partnership firm based in Visakhapatnam, filed an application under Section 11 of the Arbitration and Conciliat...

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Bombay High Court Allows Revenue's Reference on Capital Goods Credit Eligibility Under Rule 57Q of Central Excise Act, 1944. Material handling equipment not used in manufacture or process does not qualify for capital goods credit.

The judgment concerns two reference applications filed by the Revenue under the Central Excise Act, 1944, arising from an order of the Customs Excise ...

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Bombay High Court Dismisses Trade Union's Petition Seeking Recovery of Interim Wage Order Under Section 50 of MRTU & PULP Act. Section 50 Recovery Only Available for Final Orders Under Chapter VI, Not Interim Orders Under Section 30.

The petitioner, a trade union registered under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU &...