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Bombay High Court Dismisses Tata Memorial Centre's Petitions Challenging Industrial Court's Finding on Appropriate Government. State Government Held as Appropriate Government for Autonomous Body Under MRTU & PULP Act, 1971, Making Union's Complaint Maintainable.

The Bombay High Court dismissed four writ petitions filed by Tata Memorial Centre (TMC) challenging decisions of the Industrial Court, Mumbai, which h...

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Bombay High Court Allows Refund of IGST on Exports Under Protest, Rejects Unjust Enrichment Claim. Payment under protest does not attract doctrine of unjust enrichment under Section 54 of CGST Act, 2017.

The petitioner, Venus Jewel, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, challenging the refusa...

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Bombay High Court Upholds Minor Penalty on Government Employee in Disciplinary Proceeding for Unauthorized Absence. Withholding of One Increment for Two Years Held Proportional Under Rule 11(iv) of CCS (CCA) Rules, 1965.

The petitioner, Mr. Hanamatrao M. Kulkarni, was a Junior Engineer (Electrical) in the Electricity Department, Government of Goa, recruited in 1983. He...

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Bombay High Court Dismisses Assistant Teacher's Claim for Sixth Pay Commission Benefits in Unaided School Without Amendment to Schedule C of MEPS Rules, 1981. Principle of res judicata and judgment in rem not applicable to extend benefit to non-parties.

The petitioner, Smt. Shobha w/o Subash Dhote, an Assistant Teacher at respondent No.5 (Golden Kids Marathip High School, an unaided school), filed a w...

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Bombay High Court Allows Writ Petition Challenging Industrial Court's Reversal of Reinstatement Order in Unfair Labour Practice Case. Termination of Probationers Without Inquiry Held Illegal Under MRTU & PULP Act, 1971.

The petitioners, Chandan Bapurao Karwade and Rajesh Bharatlal Pande, were appointed on 18 April 1995 as Accountant and Instructor respectively in a te...

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Bombay High Court Quashes FIR in Electricity Theft Case Due to Lack of Sanction Under Section 155 of Electricity Act, 2003. The court held that prosecution under Section 135 cannot proceed without a complaint by an authorized officer as mandated by Section 155.

The applicant, Sou. Vimal w/o. Murlidharrao Suradkar, filed a criminal application under Article 226 of the Constitution of India and Section 482 of t...

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Bombay High Court Upholds Validity of Section 138 NI Act and Directs Magistrates to Accept Complaints Without Preliminary Inquiry. Section 138 Negotiable Instruments Act, 1881 is constitutionally valid and Section 200 CrPC does not require preliminary inquiry in cheque dishonour cases.

The judgment arises from a batch of petitions challenging the constitutional validity of Section 138 of the Negotiable Instruments Act, 1881 and the p...