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Bombay High Court Allows Writ Petition Challenging Acceptance of Resignation by Air India. Resignation by employee was not voluntary but under duress due to trade union pressure, and employer failed to follow proper procedure under service rules.

The petitioner, Rakesh Rai, was an employee of M/s National Aviation Company of India (Air India), a government company and 'State' under Article 12 o...

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Bombay High Court Allows Appointment of Arbitrator in Contract Dispute Between Contractor and Indian Airlines. Failure of Named Arbitrator to Act Entitles Applicant to Court-Appointed Arbitrator Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The applicant, Vijay Hiralal Jaiswal, a sole proprietor of M/s. Three Circles, submitted a tender for construction works at Indian Airlines' NEC Sahar...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case: Inland Haulage Charges Covered Under Article 8 of India-Belgium DTAA. The Court held that income from inland transport of cargo to port for international shipping is part of shipping income and not taxable as business profits.

The case involves an appeal by the Director of Income Tax (International Taxation) against an order of the Income Tax Appellate Tribunal (ITAT) dated ...

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Bombay High Court Dismisses Airport Operator's Challenge to Customs Regulation Requiring Bill of Entry for Export Goods. Regulation 5(2) of Handling of Cargo in Customs Areas Regulations, 2009 Held Intra Vires Customs Act, 1962 and Constitutional.

The petitioner, M/s. Mumbai International Airport Private Ltd., filed two writ petitions challenging the validity of Regulation 5(2) of the Handling o...

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High Court of Bombay at Nagpur Dismisses Writ Petition Challenging Disqualification in Tender for Ground Handling Services. Petitioner failed to meet experience criteria under Clauses 8.3.1(ii) and 8.3.2(ii) of RFP, and no arbitrariness or mala fides found in the decision of the tender evaluation committee.

The petitioner, Silver Jubilee Traveller Ltd., was one of the bidders for a contract for Ground Handling Services at Dr. Babasaheb Ambedkar Internatio...

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Bombay High Court Dismisses Appeal by Qatar Airways Against Maintainability of Summary Suit for Recovery of Rs. 59.22 Lakhs. Foreign Company Not Entitled to Sovereign Immunity Under Section 86 CPC as It Is a Commercial Entity, Not a Foreign State.

The respondent, Shapoorji Pallonji & Co., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against the appellant, Qatar Ai...

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Bombay High Court Dismisses Petitions Challenging Termination of Probationary Employees in Air India Ltd. — Probationers Have No Right to Be Confirmed and Termination Without Stigma Is Valid.

The judgment pertains to two writ petitions filed by Jeetendra Krishna Varma (WP 875/2011) and Mayank Mohan Sharma (WP 1427/2015) against Air India Lt...

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High Court of Karnataka Dismisses Appeal by Corporate Debtor Against Banks in SARFAESI Act Proceedings — Civil Suit Barred Under Section 34 of SARFAESI Act as Alternative Remedy Under Section 17 Before DRT Exists.

The appellant, Kingfisher Airlines Limited, a company registered under the Companies Act, 1956, had availed various credit facilities from a consortiu...