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Bombay High Court Dismisses Club's Appeal Against ESI Interest Demand — Interest Under Section 39(5)(a) of ESI Act, 1948 is Mandatory and Cannot Be Waived. Voluntary Coverage and Deposit of Principal Without Prejudice Do Not Extinguish Statutory Interest Liability.

The appellant, Bombay Gymkhana Limited, a club incorporated under the Indian Companies Act, 1913, was initially covered under the Employees' State Ins...

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Bombay High Court Allows Writ Petition Challenging Condition No. 5 of NOCs for Redevelopment Projects — Condition Imposing Payment of Expenditure Incurred by Board Held Unauthorized and Without Legal Basis. Court directs refund of amounts paid under protest pursuant to the impugned condition.

The Petitioner, Chandulal Jorawarmal Mehta, a sole proprietor of Mehta Developers, filed a Writ Petition under Article 226 of the Constitution of Indi...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Grounds for Interference Established. Court Held That the Arbitral Tribunal's Findings Were Based on Evidence and Not Perverse, and the Petition Was Barred by Limitation.

The petitioner, Jawaharlal Nehru Port Trust, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral ...

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Bombay High Court Dismisses Writ Petition of Oral Appointee Sweeper Challenging Termination Without Regularisation. Petitioner failed to establish continuous service of 240 days under Section 25B of Industrial Disputes Act, 1947 and was not a workman under Section 2(s) of the Act.

The petitioner, Ashok Namdeo Sangale, filed a writ petition challenging the judgment and order dated 02/11/2013 of the Central Administrative Tribunal...

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High Court of Bombay Upholds Arbitral Award in Favor of Contractor in Railway Contract Dispute — Extension of Time Granted Without Protest Bars Claim for Liquidated Damages and Interest on Delayed Payments is Allowed Under Interest Act, 1978.

The petitioner, Union of India, acting through the Chief Electrical Engineer (Construction), Central Railway, awarded a contract to the respondent, M/...

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Bombay High Court Quashes FIR Against Doctors in Medical Negligence Case Due to Lack of Criminal Intent. Section 304 IPC Not Attracted as Allegations Do Not Disclose Culpable Homicide; Civil Liability May Exist but Criminal Prosecution Requires Gross Negligence with Mens Rea.

The applicants, Dr. Ashok Saklecha and Dr. Sarika Saklecha, medical practitioners, filed an application under Section 482 of the Code of Criminal Proc...

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Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for Lack of Evidence of Use and Passing Off. Marks VIVACITY and VIVZ held not deceptively similar to registered mark VIVA under Trade Marks Act, 1999.

The Plaintiffs, Arviva Industries (India) Ltd., filed a suit seeking an injunction against the Defendants, Vikas M. Tulsian and others, alleging infri...