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Supreme Court Allows Secured Creditor's Appeal in Priority Dispute Between SARFAESI Act and MSMED Act. SARFAESI Act's Express Priority Provisions Under Section 26E Prevail Over MSMED Act's Recovery Mechanism, as No Conflict Exists and Priority Must Be Expressly Provided.

The dispute arose from conflicting recovery claims under the SARFAESI Act and MSMED Act against a debtor, Mission Vivacare, which had defaulted on loa...

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Bombay High Court Quashes Extension of Bio-Medical Waste Management Contract Without Competitive Bidding. Municipal Corporation's 5-year extension to incumbent contractor held illegal for bypassing tender process under Maharashtra Municipal Corporations Act, 1949.

The petitioner, Shri Tirupati Waste Management, a partnership firm, challenged the decision of the Ahmednagar Municipal Corporation (respondent No. 2)...

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Bombay High Court Sets Aside Arbitral Award for Non-Consideration of Counter Claim in NSEIL Dispute. Failure to consider counter claim amounts to legal misconduct and violation of natural justice under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Rajendra A. Shah (H.U.F.), a constituent, challenged an arbitral award dated 17th February 2009 passed by the Arbitral Tribunal consti...

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Gujarat High Court Dismisses Employer's Petition Challenging Labour Court Award of Reinstatement with 20% Backwages for Illegal Termination. Termination of Workman Without Compliance with Section 25F of Industrial Disputes Act, 1947 Held Illegal.

The petitioner, Maan Industries (India) Ltd., challenged the award dated 4.7.2019 passed by the Labour Court, Bhuj-Kutch in Reference (LCB) No. 70 of ...

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Gujarat High Court Upholds Labour Court Award of Reinstatement with 50% Backwages for Watchman in Industrial Dispute Case. Oral Termination Without Following Due Procedure Violates Industrial Disputes Act, 1947.

The State of Gujarat filed a Special Civil Application under Articles 226 and 227 of the Constitution of India read with the Industrial Disputes Act, ...

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Bombay High Court Allows Writ Petition Challenging Industrial Tribunal Award in Forced Resignation Case. Court holds that resignation obtained under coercion amounts to involuntary termination and reinstatement with back wages is warranted.

The petitioner, Nanda Shirodkar, was employed with the respondent, M/s DCI Pharmaceuticals Pvt Ltd, from 1972 (as claimed by her) or 1985 (as claimed ...

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High Court of Karnataka Upholds Labour Court Award in Favour of Workman in Date of Birth Dispute — Employer's Superannuation of Workman Set Aside. Re-instatement with Full Back-wages and Continuity of Service Ordered as Employer Failed to Prove Correct Date of Birth.

The petitioner, M/s. Hindalco Industries Limited, Belgaum, through its Senior Vice President, filed a writ petition under Articles 226 and 227 of the ...

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High Court of Karnataka Allows Writ Petition of BMTC, Quashes Labour Court Award of Reinstatement with Back Wages. Driver Who Obtained Employment by Submitting Fake Transfer Certificate Not Entitled to Reinstatement.

The petitioner, Bangalore Metropolitan Transport Corporation (BMTC), challenged the award dated 6.3.2012 passed by the III Additional Labour Court, Ba...