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Supreme Court Considers Whether Dearness Allowance is a Fundamental Right, Hears Appeals Against High Court Mandate to Pay Central Rates. High Court's declaration of Dearness Allowance under Article 21 and direction for parity with Central Government employees challenged by State.

The State of West Bengal filed appeals by special leave challenging the orders of the High Court at Calcutta dated 20th May 2022 and 22nd September 20...

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Bombay High Court Hears Arbitration Petition - ONGC Challenges Umpire’s Award Granting Six Days’ Extension in Pipeline Project. Petition contends that the extension was granted in breach of contract clauses 5.9 and 41.8 and without evidence, after rejecting the related claim for cost of repairs.

The dispute arose from a contract dated 6 November 1989 between Oil and Natural Gas Corporation Limited (ONGC) as employer and a consortium of foreign...

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High Court of Bombay at Goa Partially Allows State's Appeal and Dismisses Claimants' Appeal in Land Acquisition Compensation Case. Compensation for Acquired Land Reduced from ₹207 to ₹150 per sq. Metre Due to Lack of Comparable Evidence Under Section 23 of the Land Acquisition Act, 1894.

The case involves two cross-appeals arising from a land acquisition matter. The State, through the Executive Engineer, appealed against the Reference ...

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Bombay High Court Grants Decree for Lease Termination and Arrears in Favour of Lessor Against Company in Liquidation. Lease agreement validly terminated due to default in payment of rentals; lessor entitled to recovery of arrears and possession of machinery.

The plaintiff, Indbank Merchant Banking Services Limited, filed a suit against Nicelcon Limited (in liquidation) and Raju H. Mahatani seeking a declar...

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit for Unauthorized Subletting. Concurrent findings of fact that tenant sublet premises without landlord's consent under Section 15 of Maharashtra Rent Control Act, 1999, upheld.

The Khadi and Village Industries Commission (KVIC), a statutory body, was a monthly tenant of a godown premises in Mumbai owned by the respondents (la...

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Bombay High Court Dismisses Contempt Petition for Lack of Specific Allegations of Breach of Injunction. Alleged creation of third-party interest in suit property not substantiated with material facts.

The petitioner, M/s. Mahendra Builders, filed a contempt petition alleging that respondent Nos.2 and 3 (original defendants) breached an injunction or...

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Bombay High Court Allows Petition in Customs Act Case — Confiscation and Penalties Quashed for Lack of Mens Rea. Imported capital goods released on payment of duty; no deliberate intent to evade duty established under Sections 111(d), 111(f), 112(a), and 125 of Customs Act, 1962.

The petitioners, M/s. Central Cables Limited (a company manufacturing electric wires and cables), its Managing Director Govind Daga, and Purchase Offi...