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Bombay High Court Considers Winding Up Petition Under the Companies Act, 1956, on Grounds of Loss of Substratum and Insolvency Due to Quashing of 2G Licenses; Final Disposition Not Extracted. Allegations of Dysfunctional Board and Insolvency Form Basis of Just and Equitable Winding Up Claim.

This Company Petition was filed by Etisalat Mauritius Ltd. (Petitioner), a wholly owned subsidiary of Emirates Telecommunications Corporation, seeking...

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Supreme Court Quashes High Court Judgment in Tender Dispute, Reinstates Award to Lowest Bidder. The High Court exceeded its jurisdiction by substituting its interpretation of tender conditions for that of the tendering authority, violating principles of judicial review under administrative law.

The dispute arose from a Tender Call Notice dated 30.12.2019 issued by the Office of the Superintendent, SCB Medical College and Hospital, Cuttack, fo...

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Bombay High Court Allows ONGC's Petition Against Industrial Tribunal Award on Pay Fixation for Contract Workers. The Court held that the Tribunal exceeded its jurisdiction by directing ONGC to directly pay wages to contract labour without a finding of employer-employee relationship.

The writ petition was filed by Oil and Natural Gas Corporation Limited (ONGC) challenging an award passed by the Central Government Industrial Tribuna...

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Bombay High Court Quashes Removal of Employee in Disciplinary Proceeding for Violation of Natural Justice and Proportionality. Charge-sheet and Penalty Set Aside Due to Non-Supply of Documents and Disproportionate Punishment.

The petitioner, Abha Chawla Mohanty, was an employee of the Oriental Insurance Co. Ltd. appointed in October 1985. She was served with a charge-sheet ...

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Bombay High Court Dismisses Appeal Against Encashment of Standby Letters of Credit in Commercial Dispute. Principle of Autonomy of Letters of Credit Upheld — Injunction Granted Only on Grounds of Fraud or Irreparable Injury, Not Breach of Underlying Contract.

The appellant, Drive India Enterprise Solutions Ltd., filed an appeal against the dismissal of its petition under Section 9 of the Arbitration and Con...

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Bombay High Court Quashes Cancellation of Contract and Forfeiture of Earnest Money in Coal Transport Tender Dispute. Violation of Natural Justice and Non-Application of Mind by Western Coalfields Limited Leads to Setting Aside of Order Cancelling Letter of Allotment and Debarment.

The petitioners, including a joint venture firm and its constituents, challenged an order dated 19.2.2014 passed by the respondents, Western Coalfield...

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Bombay High Court Dismisses Petition Challenging Tender Process for Coal Supply. The court held that the evaluation committee's decision to open price bids was within its discretion and not vitiated by mala fides.

The petitioners, Knowledge Infrastructure Systems Private Limited and its director, challenged a tender process issued by Maharashtra Power Generation...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Bombay High Court Examines Maintainability of Writ Petition Involving Parking Amenity Dispute Under Article 226. Court Finds That Alteration of Parking Amenity Raises Public Law Concerns Requiring Planning Authority to Regard Public Convenience and Safety.

The Bombay High Court adjudicated a writ petition filed by Unity Mall Premises Co-operative Society against Vasai-Virar City Municipal Corporation and...