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Bombay High Court Dismisses Writ Petition Challenging CESTAT Order Rejecting Recall of Fraud Finding in CENVAT Credit Case. Court holds that CESTAT's finding of mis-statement and fraud was not a reviewable error and that the Tribunal had inherent power to impose costs for abuse of process.

The petitioner, Essel Propack Limited, a company engaged in manufacturing plastic tubes, filed a writ petition under Article 226 of the Constitution o...

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Bombay High Court Dismisses ED's Petition Seeking Locus in Closure Report Filed by State in Private Complaint. ED cannot intervene in a closure report filed by the State in a private complaint case under Section 173 Cr.P.C. as it is not an aggrieved party.

The Directorate of Enforcement (ED) filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Crimi...

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Bombay High Court Dismisses Bank's Petition Challenging DRAT Order Excluding Non-Debtor from DRT Jurisdiction. Claim for Conspiracy and Fraud Against a Person Who is Not a Debtor Does Not Fall Within the Definition of 'Debt' Under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The petitioner, Punjab National Bank, filed a writ petition challenging the order of the Debt Recovery Appellate Tribunal (DRAT) which allowed the app...

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Bombay High Court Dismisses Petition in Rent Control Act Applicability Case — Open Plot Not Covered Under Premises Definition. Maharashtra Rent Control Act, 1999 does not apply to open plots as they are not buildings or part of buildings.

The petitioner, M/s Pradeep Advertising Agency, a proprietorship firm, filed a writ petition challenging the concurrent findings of the trial court an...

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Bombay High Court Allows Petition by Watch Manufacturer Against Seizure Under Packaged Commodities Rules. Watches Sold in Boxes Are Not Pre-Packaged Commodities Under Standards of Weights and Measures (Packaged Commodities) Rules 1977.

The petitioner, Titan Industries Ltd., a manufacturer and seller of watches, challenged the seizure of its watches by the respondents (Union of India ...

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Bombay High Court Dismisses Petition Challenging Workman Status of General Manager (Research) in Industrial Disputes Act Case. The court held that the nature of duties performed by the employee, not the designation, determines workman status, and the respondent's work was primarily technical and clerical.

The petitioner, M. Visvesvaraya Industrial Research & Development Centre, a nonprofit scientific research organization, challenged an order of the Ind...

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Bombay High Court Dismisses Petition by Society Members Challenging Arbitral Award for Lack of Locus Standi. Non-signatories to arbitration agreement cannot challenge award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, who are members of Apsara Co-operative Housing Society Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Ac...