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Bombay High Court Dismisses Petition Challenging No-Confidence Motion Against Trust Office Bearers. Scheme of Administration Does Not Prohibit No-Confidence Motion; Resolution Valid Under Maharashtra Public Trusts Act, 1950.

The petitioners, Lakhichand Marotrao Dhoble and Kisangopal Chunnilalji Gandhi, were the Chairman and Treasurer respectively of a public trust named Sh...

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Bombay High Court Allows Petition by TPAs Challenging TDS Notices Under Section 194J of Income Tax Act. Payments to Hospitals by TPAs for Health Insurance Claims Are Not Subject to TDS as They Are Not Fees for Professional or Technical Services.

The petitioners, Dedicated Health Care Services TPA (India) Pvt. Ltd. and others, are Third Party Administrators (TPAs) registered with the Insurance ...

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Bombay High Court Dismisses MTNL's Petition Challenging Reinstatement of Casual Labourer for Violation of Section 25F of Industrial Disputes Act. Termination Without Notice or Compensation Renders Retrenchment Illegal, and MTNL is an Industry Under Section 2(j).

The petitioner, Mahanagar Telephone Nigam Ltd. (MTNL), challenged an award of the Central Government Industrial Tribunal (CGIT) No. II, Mumbai, which ...

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Bombay High Court Dismisses Plaintiff's Injunction Against Trademark Threat in 'HOKEY POKEY' Dispute. Prior Registration of Defendant's Mark Under Class 30 Prevents Passing Off Claim Despite Plaintiff's Subsequent Use.

The plaintiff, Drums Food International Pvt. Ltd., filed a suit seeking a declaration that a cease and desist notice issued by the defendants, Euro Ic...

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Bombay High Court Allows Compassionate Appointment to Unmarried Daughter Despite Marriage After Death of Employee — Widow's Application for Daughter's Appointment Maintainable Under GR Dated 20.05.2002

The petitioners, the widow and unmarried daughter of deceased government employee Mohan Kulkarni, filed a writ petition seeking compassionate appointm...

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Bombay High Court Allows Writ Petition for Appointment of Hearing-Impaired Person as Sweeper in Municipal Corporation. Mandamus issued to consider petitioner's case for appointment from handicapped category under Article 226 of Constitution of India.

The petitioner, Suresh Ramchandra Gunde, a 24-year-old hearing-impaired person, filed a writ petition under Article 226 of the Constitution of India b...

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Bombay High Court Dismisses Petition Challenging Labour Welfare Fund Cess as Unconstitutional. Levy under Maharashtra Labour Welfare Fund Act, 1953 held to be a fee for services rendered, not a tax, and validly imposed on establishments including those with contract labour.

The petitioner, Mohan Dhotre, a resident of Mumbai, filed a writ petition challenging the constitutional validity of the levy under the Maharashtra La...

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Bombay High Court Dismisses Petitions Challenging Secret Ballot Verification of Union Membership in Air India. Secret Ballot Verification for Union Recognition Under Code of Discipline Upheld as Valid and Not Contrary to Industrial Disputes Act.

The judgment pertains to two writ petitions filed by Air India Employees Guild and Air Corporation Employees' Union challenging circulars and letters ...

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Bombay High Court Upholds Industrial Court Order Against Employer for Unfair Labour Practices in MRTU & PULP Act Case. Employer directed to reinstate employee with full back wages and permanency benefits for engaging in unfair labour practices under Items 6 and 9 of Schedule IV of MRTU & PULP Act, 1971.

The petitioner, M/s Gannon Dunkerley & Co. Ltd., a public limited company engaged in supply of textile machinery and civil construction, challenged th...