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Karnataka High Court Dismisses Employer's Challenge to Provident Fund Damages for Delayed Remittance. Section 14B of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 Imposes Strict Liability Without Requiring Mens Rea.

The petitioner, M/s HMT Limited, a Central Public Sector Enterprise, challenged the order dated 2.1.2004 passed by the Regional Provident Fund Commiss...

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High Court Allows Appeal in Income Tax Case: Sales to Other STP Units Qualify as Deemed Export Under Section 10A of Income Tax Act, 1961. The court held that software development services provided to another STP unit, which ultimately exports the software, constitute export for deduction purposes.

The assessee, M/s. Tata Elxsi Limited, a registered Software Technology Park (STP) unit, claimed deduction under Section 10A of the Income Tax Act, 19...

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Supreme Court Examines Whether Election Petition Against President Merits Regular Trial. Petitioner Raises Office of Profit Disqualification Under Article 58(2) as Chairman of Indian Statistical Institute.

The petitioner, a candidate in the Presidential elections held on 19 July 2012, challenged the election of the respondent to the office of President o...

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High Court of Bombay at Goa Hears Writ Petition Challenging Administrative Tribunal Orders in Mundkarial Dispute. Key Issue Whether Mamlatdar Had Jurisdiction to Determine Mundkarial Rights When Reference Was Made Under Section 32 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

The litigation originated from two civil suits filed in 1992 by M/s. Suvarn Rajaram Bandekar Discretionary Trust against one Armando Cardozo for remov...

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KAHC020022992017_1

These intra-court writ appeals arose from a common order dated 25.04.2017, by which a single judge of the Karnataka High Court had dismissed the appel...

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Bombay High Court Quashes CBFC Cuts Imposed on Film on Drug Addiction; Holds Pre-Censorship Must Conform to Article 19(2) Reasonable Restrictions. State's Decision to Delete References to Punjab and Mutilate Content Violates Freedom of Speech Under Article 19(1)(a) of the Constitution.

The first petitioner, a film production company, sought a writ of certiorari to quash the decision of the Central Board of Film Certification (CBFC) w...

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Bombay High Court Dismisses Section 37 Appeals, Upholding Arbitral Award Against Project Owner in Construction Dispute. Project Owner Bound by Arbitration Clause Though Non-Signatory, Owing to Active Participation and Common Intention Under Cox and Kings Principle.

The Bombay High Court considered three appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a construction contract dis...

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Bombay High Court Quashes Industrial Tribunal Award in Wage Reference Due to Failure to Apply Settled Principles. The Court Remands the Proceedings for Fresh Adjudication, Holding That Both Region-cum-Industry and Parity Principles Were Not Properly Followed.

This judgment from the Bombay High Court concerns three writ petitions challenging an award of the Industrial Tribunal in a wage reference between Hin...

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Bombay High Court Full Bench Examines Reference on Whether Mathadi Act Applies Only to Casually Engaged Workers; Considers Statutory Definition of Unprotected Worker Under Section 2(11)

Background: A group of writ petitions were filed before the Bombay High Court by various employers including Kay Kay Embroideries P. Ltd., Bhulwalka S...