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Supreme Court Allows LIC's Appeal Against Resigned Employee's Pension Claim — Resignation Not Voluntary Retirement Under Pension Rules. Employee Who Resigned Before Pension Scheme Notification Not Entitled to Retrospective Benefits Under LIC Pension Rules, 1995.

The Supreme Court considered a batch of appeals concerning employees of the Life Insurance Corporation of India, United India Insurance Company Limite...

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Bombay High Court Allows Appointment of Sole Arbitrator in Bank Dispute Over Loan Facility Breach. Arbitration Clause in Hypothecation Agreement Invoked Despite Respondent's Objections Regarding Limitation and Non-Arbitrability.

The applicant, Mantras Green Resources Ltd., a company incorporated under the Companies Act, 1956, engaged in environmental conservation, availed a lo...

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Bombay High Court Allows Municipal Corporation's Petition Against Industrial Court Order Directing Deposit of Pension — Pension Not Awarded in Earlier Labour Court Order, Recovery Application Cannot Expand Scope

The Kolhapur Municipal Corporation challenged an order of the Industrial Court directing it to deposit pension payable to the respondent from the date...

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Bombay High Court Dismisses Writ Petition Challenging Certificate Under Section 101 of Maharashtra Co-operative Societies Act, 1960 Due to Delay and Laches. Auction proceedings conducted after 8 years of certificate issuance upheld as petitioner failed to challenge earlier orders.

The petitioner filed a Writ Petition under Articles 226 and 227 of the Constitution of India challenging a Certificate issued under Section 101 of the...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Unpaid Invoices. Arbitration Agreement Found Valid Through Sales Terms and Conditions on Website and Invoices Accepted by Respondent.

The applicant, Ingram Micro India Pvt. Ltd., a distributor of computer products, filed an application under Section 11 of the Arbitration and Concilia...

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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 Allows Writ Petition Challenging Apex Grievance Redressal Committee Order in Slum Rehabilitation Case. AGRC's Reversal of Developer Termination Set Aside for Non-Application of Mind and Violation of Natural Justice.

The petitioner, Hanuman Nagar (Jogeshwari) SRA CHS (Proposed), is a society of slum dwellers residing on a plot in Jogeshwari, Mumbai. In 2006, the ma...

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Bombay High Court Quashes Recovery Proceedings Against Timber Purchasers for Fire-Destroyed Goods. Property in Timber Not Passed to Purchasers Under Sale of Goods Act, 1930, Hence No Liability Under Maharashtra Land Revenue Code.

The petitioners, fifteen timber merchants, participated in an auction conducted by the Forest Department on 16.04.2008 and 15.05.2008 for the purchase...

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Bombay High Court Allows Compassionate Appointment to Son of Second Wife in Railway Service — Railway Circular Does Not Exclude Children of Second Wife from Compassionate Employment. Court Directs Consideration of Application on Merits Under Master Circular No.16.

The petitioners, Smt. Girija Suresh Borade (second wife) and her son Sagar Suresh Borade, filed a writ petition against the Union of India and railway...