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Supreme Court Quashes High Court Order Transferring Investigation to NIA in West Bengal Bomb Incidents — State Police Investigation Upheld as Adequate. High Court's reliance on alleged bomb use and handwriting similarity found insufficient to warrant transfer under Section 6(5) of NIA Act, 2008.

The Supreme Court of India heard an appeal by the State of West Bengal against a Division Bench order of the Calcutta High Court dated 27 April 2023. ...

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Bombay High Court Allows Writ Petition Challenging Development Plan Reservation — Lapse of Reservation Under Section 127 of MRTP Act. Landowners Entitled to Develop Lands as Acquisition Not Completed Within Ten Years.

The petitioners, owners of lands bearing Survey Nos. 103 and 104 at Kopargaon, filed a writ petition under Article 226 of the Constitution of India ch...

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Bombay High Court Allows Writ Petition Challenging Recovery of Alleged Excess Pay from Leave Encashment – Section 33-C(1) Industrial Disputes Act, 1947. Recovery of excess payment after five years held iniquitous and arbitrary, following Chandi Prasad Uniyal principle.

The petitioner, Vilas Pandurang Markande, a former employee of the Mumbai Port Trust (respondent No.2), filed a Writ Petition challenging the order da...

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Bombay High Court Dismisses Petitions Challenging Air India Disinvestment and Transfer of Employees. Transfer of undertaking under Section 25FF of the Industrial Disputes Act, 1947 does not require consent of workmen and continuity of service is protected.

The petitioners, three trade unions representing employees of Air India and its subsidiaries, filed writ petitions challenging the disinvestment of Ai...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Stevedoring Contract Dispute — No Interference Under Section 37 of Arbitration Act. Court upholds award of damages for breach of contract and interest, finding no patent illegality or perversity in arbitrator's findings.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court dismissing Arbitration Petition No. 18 of 2003 under Section 34 o...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case, Allows Additional Deduction Claim Without Revised Return. Assessee's claim for deduction under Section 43B of Income Tax Act, 1961, though not made in original return, is admissible before appellate authorities.

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT) which upheld the assessee's...

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Bombay High Court Upholds Conviction of Husband for Murder of Wife — Insanity Defense Rejected. The court held that the accused failed to prove legal insanity under Section 84 IPC, as the evidence did not establish incapacity to know the nature of the act at the time of the offence.

The appellant, Santosh Bhatambrekar, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Surekha, a medical doctor. T...