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Bombay High Court Dismisses Writ Petition of Retrenched Workers Seeking Reinstatement and Continuity of Service. Workers of a closed textile mill not entitled to reinstatement as closure was genuine and compensation under Section 25FFF of Industrial Disputes Act, 1947 was paid.

The petitioners, 42 workers of Kalmeshwar Textile Mills, challenged their retrenchment following the closure of the mill. The mill was closed due to f...

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Supreme Court Quashes Notification Including Jat Community in Central Backward Classes List as Union Cabinet Rejected NCBC Advice Without Adequate Consideration. Inclusion by Notification Dated 04.03.2014 Violates Statutory Scheme Under National Commission for Backward Classes Act, 1993.

The present group of writ petitions under Article 32 of the Constitution challenged a Notification dated 04.03.2014 issued by the Union of India, whic...

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Supreme Court Dismisses Corporate Debtor's Appeal Against NCLT Order Admitting Insolvency Application Under Insolvency and Bankruptcy Code, 2016. Maharashtra Act Moratorium Does Not Bar Insolvency Proceedings as Section 238 of the Code Overrides Inconsistent State Laws.

The appeal arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The corporate debtor, a multi-product compan...

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Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

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Bombay High Court Examines Power of Municipal Commissioner to Revoke Occupancy Certificate in Challenge by Co-operative Society and Developer. Core Issue: Whether Municipal Commissioner Had Authority to Cancel Occupancy Certificate Granted Under Maharashtra Regional and Town Planning Act, 1966.

The writ petition was filed by M/s. Satra Plaza Premises Co-operative Society Ltd., a cooperative society registered under the Maharashtra Co-operativ...

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Supreme Court Adjudicates on Regularization of Muster Roll Workers in Assam. Division Bench's Reversal of Single Judge's Regularization Direction Under Scrutiny.

The present batch of appeals originated from a common judgment and order dated 8th June 2017 passed by the Division Bench of the Gauhati High Court in...

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High Court of Bombay Hears Section 34 Petition Challenging Arbitral Award in Railway Laundry Contract. Petition Questions Recovery Rate for Lost Linen, Delay Penalty, Penalty Cap, and Fixed Cost Compensation Under the Arbitration Act, 1996.

The Central Railway filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 7 March 2024 ...

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Bombay High Court Dismisses Writ Petition Challenging TAC Report on Building's Structural Stability — Expert Technical Opinion Not Amenable to Judicial Review on Merits. Writ Court Cannot Substitute Its Own View on Technical Matters; TAC Guidelines from MCGM v State of Maharashtra Followed.

The petitioners, six tenants of a chawl in Bhiwandi, filed a writ petition under Article 226 of the Constitution of India challenging the report of th...

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Supreme Court Dismisses State's Appeal in Leave Encashment Case for Re-employed Government Servant. Re-employed Employee Entitled to Second Leave Encashment Under Rule 36 of Sikkim Government Services (Leave) Rules, 1982, as Rule 32 Creates Legal Fiction Treating Re-employment as Fresh Service Entry.

The dispute originated from the State of Sikkim's appeal against High Court orders that granted leave encashment benefits to a re-employed government ...