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Bombay High Court Allows Appeal in ESI Act Case — Establishes Separate Entities Not Functionally Interconnected. Functional Interconnectivity Test Under Section 75(1)(g) of ESI Act, 1948 Requires Common Supervision, Finance, and Labour; Mere Common Partners Insufficient.

The appellant, M/s. New Power Supply, a partnership concern engaged in manufacturing and repairing power transformers, filed an appeal against the jud...

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Writ Petition Challenging Review Orders on MVAT Refund Adjustments Quashed by Bombay High Court. Bombay High Court invalidates review orders under Section 15 of the Maharashtra Settlement of Arrears of Taxes Act due to lack of jurisdiction, directing refund of Rs. 2.72 crores with interest.

The Bombay High Court quashed review orders issued under Section 15 of the Maharashtra Settlement of Arrears of Taxes Act, 2022 (Settlement Act). The ...

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Bombay High Court Dismisses Petition Challenging Industrial Court Order in Unfair Labour Practice Case — Petitioner Failed to Prove Employee-Employer Relationship with Respondent Company.

The petitioner, Ramesh Bhalchandra Chavre, filed a complaint under Section 28(1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfa...

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High Court of Bombay at Goa Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Finding Upheld. The Court held that the Tribunal's finding on negligence was not perverse and contributory negligence was not proved by the insurer.

The case arises from a motor accident on 17.01.2021 where Mario Bernard Fernandes (Bernard), riding an Activa scooter, collided with a Toyota Qualis i...

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Bombay High Court Dismisses Petition Seeking FIR Registration in Investment Dispute — Civil Nature of Complaint Upheld. Court held that the dispute involving alleged misappropriation of funds by company directors was primarily civil in nature, and the police's closure of enquiry was justified.

The petitioner, M/s. Fairwinds Asset Managers Ltd., acting as fund manager for Reliance Alternative Investments Fund – Private Equity Scheme I (RAIF...

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Bombay High Court Quashes Circular Closing Liquor Shops on Ram Navmi — Section 142 of Bombay Prohibition Act Requires Individual Satisfaction of Collector. Blanket Circular by Commissioner of State Excise Directing All Collectors to Close Licensed Liquor Shops on a Particular Day Held Ultra Vires.

The petitioners, Maharashtra Wine Merchants Association and Indian Hotels and Restaurant Association, challenged a circular dated 4th April 2006 issue...

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Bombay High Court Dismisses Injunction Application in Testamentary Suit — No Stay of Execution of Partition Decree. Pendency of testamentary suit does not automatically stay execution of a civil court decree for partition and accounts.

The applicant, Sukumar Bhoja Shetty, filed a Notice of Motion in Testamentary Suit No. 113 of 2017 seeking an injunction to restrain the defendant, Ga...