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Bombay High Court Allows Tribal Landowner's Petition Challenging Refusal of Prior Approval Under Section 36A of Maharashtra Land Revenue Code. Government Circular Cannot Override Statutory Provisions for Sale of Tribal Land.

The petitioner, Kisan Songya Bangara, a tribal agriculturist, owned land in Valshind, Thane. He sought to sell the land to respondent No. 6, a non-tri...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Allows Amendment of GSTR-1 in GST Case Due to Human Error and No Revenue Loss. Rule of purposive interpretation applied to permit correction of inadvertent reporting of wrong GSTINs under Section 37 of CGST Act, 2017.

The petitioner, Star Engineers (I) Pvt. Ltd., is a company engaged in manufacturing and supplying electronic components to Bajaj Auto Limited (BAL). D...

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Supreme Court Upholds Employer's Acceptance of Voluntary Retirement Under Modified Voluntary Retirement Scheme (MVRS). Resignation Submitted Under MVRS Was Unconditional and Could Not Be Withdrawn After Acceptance, as Per Scheme Terms Under Clause 5.1.

The dispute arose from the respondent's resignation under the Modified Voluntary Retirement Scheme (MVRS) introduced by the appellants, a public secto...

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Bombay High Court Allows Resolution Professional to Continue CIRP Under IBC Despite Pending Winding-Up Petition Under Companies Act, 1956. Leave under Section 446 of Companies Act, 1956 granted to proceed with Corporate Insolvency Resolution Process under Insolvency and Bankruptcy Code, 2016.

The judgment concerns Company Application No. 10 of 2017 filed by the Resolution Professional of Murli Industries Limited (the corporate debtor) under...

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Supreme Court Modifies Gratuity Scheme to Relate to Basic Wage, Not Consolidated Wage. Departure from Normal Rule Requires Strong Evidence; Company's Sound Financial Position Not Sufficient to Justify Higher Gratuity on Total Wage Packet.

The case arose from an industrial dispute between an engineering company and its workmen regarding the payment of dearness allowance and the introduct...