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Appropriate Government for ARAI held to be State Government – Petitioner not deemed a ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947 – Petition dismissed

The petitioner’s supervisory and managerial functions disqualified him from being classified as a ‘workman.’ The nature of duties and responsib...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement.

The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaint...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...

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Bombay High Court Dismisses Writ Petition Challenging Arbitrator's Order Rejecting Stamp Duty Objection. Arbitrator has power to impound insufficiently stamped agreement under Section 33 of Maharashtra Stamp Act as a person in charge of a public office.

The petitioners, Milind Dattatraya Mahajan and others, filed a writ petition challenging an order dated 8.4.2018 passed by the learned sole Arbitrator...

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Supreme Court Partially Allows Appeal of Employees Union in ONGC Regularization Case. Court Holds That Irregularly Appointed Term Employees Are Entitled to Regularization from Date of Initial Appointment but Only Notional Benefits Retrospectively and Actual Pay from Date of High Court Order.

The dispute arose from the appointment of about 800 term-based employees by Oil & Natural Gas Corporation (ONGC) between 1999 and 2001 for Class III a...

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Supreme Court Allows Appeal of Telecom Company in Industrial Dispute, Holding Regional Business Head Not a 'Workman' Under Industrial Disputes Act. Managerial and Supervisory Duties Exclude Employee from Section 2(s) Definition Despite Absence of Power to Appoint or Dismiss.

The Supreme Court allowed the appeal filed by M/s Bharti Airtel Limited against the judgment of the Karnataka High Court which had held that the respo...

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Bombay High Court Dismisses Petition Challenging Reassessment Notice Under Section 148 of Income Tax Act for AY 2007-2008. Failure to Assess Consideration Under Distribution Agreement Constitutes Income Escaping Assessment.

The petitioner, Sun Tan Trading Co. Ltd., is engaged in the business of import and distribution of alcoholic beverages in India. It entered into a Dis...