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Bombay High Court Allows Cooperative Housing Society's Challenge to Labour Court and Gratuity Proceedings. Ex-Manager's Claims Under Section 33-C(2) of Industrial Disputes Act and Payment of Gratuity Act Dismissed as Society is Neither an 'Industry' Nor an 'Establishment'.

The Petitioner, Apsara Co-operative Housing Society Ltd., is a cooperative housing society registered under the Maharashtra Co-operative Societies Act...

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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Approval Under Section 10(23C)(via) of Income Tax Act, 1961 for Charitable Hospital Trust. Creation of Capital Assets from Surplus Funds Indicates Non-Philanthropic Purpose, Court Holds.

The petitioner, M/s Yash Society, a public trust registered under the Bombay Public Trust Act, 1950 and the Societies' Registration Act, 1860, runs a ...

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Karnataka High Court Dismisses Revenue Appeal in Income Tax Penalty Case — No Concealment of Facts Found. Tribunal's cancellation of penalty under Section 271(1)(c) of the Income Tax Act, 1961 upheld as assessee had disclosed all material facts and claimed deduction under Section 54F.

The Revenue filed an appeal under Section 260-A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal (ITAT) dated 21/03...

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High Court of Karnataka Dismisses Railway Board's Petition Challenging CAT Order in Service Matter - Respondent's Past Service as Assistant Research Officer Not Considered for Pensionary Benefits Under Railway Service Rules.

The judgment pertains to a writ petition filed by the Railway Board and others against an order of the Central Administrative Tribunal (CAT), Bangalor...

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High Court of Karnataka Dismisses Petitions Challenging Rejection of Nomination Papers for Rajya Sabha Elections. Filing of Nomination by Proposer Who is Not an Elector in the State Renders Nomination Invalid Under Section 33(1) of the Representation of the People Act, 1951.

The petitioners, who were candidates for election to the Rajya Sabha from Karnataka, challenged the rejection of their nomination papers by the Return...

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High Court of Bombay at Goa Dismisses ESI Corporation's Appeal in Coverage Dispute — Establishment Not Engaged in Manufacturing Activity. Use of gas lighter for polishing does not constitute manufacturing process under Section 2(k) of ESI Act, 1948.

The Regional Director of the Employees' State Insurance Corporation (appellant) filed an appeal under Section 82 of the Employees' State Insurance Act...

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Bombay High Court Allows Appeal of Turf Club Against ESI Corporation — Temporary Staff on Race Days Not Covered Under ESI Act. Club Held Not a 'Shop' Under Notification; Casual Employees Not in Continuous Employment Not Entitled to ESI Coverage.

The appellant, Royal Western India Turf Club Ltd., filed an appeal against the order of the ESI Court, Mumbai, dated 17.2.2005, which dismissed their ...