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Supreme Court Dismisses Reference to Larger Bench in Pension Dispute of U.P. Avas Evam Vikas Parishad Employees. Preetam Singh Judgment Held Binding on State and Board Regarding Pension Scheme Implementation.

The Supreme Court heard a batch of special leave petitions arising from writ petitions filed by employees of the Uttar Pradesh Avas Evam Vikas Parisha...

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Bombay High Court Dismisses PIL Challenging Tender for Construction of Commercial Complex in Thane. Court holds that no public interest is involved as the petition is filed by business rivals to scuttle a tender process.

The Bombay High Court dismissed a Public Interest Litigation (PIL) filed by the Association for Protection of Civil Rights (APCR) and three other indi...

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Release of Goods Withheld by Warehousing Service Provider. Court directs release of goods upon payment of admitted storage charges, holding that a bailee cannot retain goods for disputed amounts beyond the contract.

The Petitioner, Direct Logistics and Export Co. Ltd., a Hong Kong-based trading and logistics company, entered into a Service Agreement dated 21.06.20...

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Bombay High Court Allows Writ Petition Challenging Condition No. 5 of NOCs for Redevelopment Projects — Condition Imposing Payment of Expenditure Incurred by Board Held Unauthorized and Without Legal Basis. Court directs refund of amounts paid under protest pursuant to the impugned condition.

The Petitioner, Chandulal Jorawarmal Mehta, a sole proprietor of Mehta Developers, filed a Writ Petition under Article 226 of the Constitution of Indi...

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Bombay High Court Quashes Government Circular Restricting Land Compensation Under Consent Award. Circular dated 27.02.2020 Held Ultra Vires the RFCTLARR Act, 2013 and Maharashtra Rules, 2014.

The petitioner, Sanjay Mahadeo Japkar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a Government Circular...

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Bombay High Court Allows Appointment of Arbitrator in Transport Agreement Dispute Despite Alleged Settlement. Arbitration clause survives termination of contract and disputes regarding compensation are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicant, United Shippers Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Tempo Driver Upheld. Compensation of Rs.18,17,000/- with 9% Interest Affirmed as Just and Fair.

The case arises from a motor vehicle accident on 08/01/2013, where the deceased Vikas Bharne was riding a motorcycle and was hit by a tempo coming fro...

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Bombay High Court Dismisses Employer's Petition Challenging Tribunal's Refusal to Approve Dismissal in Gold Smuggling Case. Tribunal's Finding of Unfair Enquiry and Perverse Findings Upheld Under Section 33(2)(b) of Industrial Disputes Act, 1947.

The petitioner, Air India Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 22nd July 2004 passed ...

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Bombay High Court Allows Employee's Petition for Higher Pay Scale and Pensionary Benefits Despite Not Passing Departmental Examination. Exemption Granted Under Government Resolutions for Employees Above 45 Years of Age Cannot Be Ignored for Grant of Benefits.

The petitioner, Ramesh s/o Channapa Kompalli, was appointed as a Junior Clerk in the office of respondent No.4 on 4th March, 1985 and later promoted t...

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Bombay High Court Upholds TDS Provisions Under Goa VAT Act for Works Contracts — Rule 4A and Entry C-14 Held Valid. Amendment to Section 28(1) of Goa Value Added Tax Act, 2005 for deduction of tax at source from payments to contractors is constitutionally valid and not ultra vires.

The petitioners, including the All Goa Contractors Association and four contractor companies, challenged the constitutional validity of Rule 4A insert...