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Interpretation Of Manufacturing Process Under Factories Act, 1948 – Business Of Laundry Held To Constitute Manufacturing Process – Premises Deemed A Factory – Order Issuing Process Restored.

a. Definition of manufacturing process under Section 2(k) includes washing and cleaning for delivery and use – Laundry service falls squarely within...

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Bombay High Court Dismisses Bayer's Challenge to Compulsory License for Nexavar Under Section 84 of Patents Act, 1970. Court Holds That Patentee's Import of Drug at High Price Does Not Satisfy Reasonable Requirements of Public or Constitute Working of Invention in India.

The petitioner, Bayer Corporation, a US-based pharmaceutical company, held a patent for the drug Sorafenib Tosylate, sold under the brand name Nexavar...

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Court Upholds Industrial Tariff for Manufacturing Activity in Electricity Tariff Dispute. Appellate Authority's Decision Affirmed; R&D Activity Categorized as Manufacturing, No Unauthorized Use of Electricity Found

The petition challenges an order from the Appellate Authority under the Electricity Act which determined the tariff category for the respondent’s ac...

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Supreme Court Upholds NGT Decision Quashing Ex Post Facto Environmental Clearances Under EIA Notification 1994. Circular dated 14 May 2002 Allowing Retrospective Clearances Held Invalid as Prior Environmental Clearance is Mandatory Under Section 3 of Environment Protection Act 1986.

The case involves appeals against the judgment of the National Green Tribunal (NGT) dated 8 January 2016, which quashed a circular issued by the Union...

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Bombay High Court Allows Petition Challenging Interest Demand on CLIII License Renewal Fee. Excise Department Cannot Levy Interest Without Specific Statutory Provision Under Maharashtra Excise Act, 2002 or Bombay Foreign Liquor Rules, 1953.

The petitioners, Maheshprasad Dwarkadas Jaiswal and Rajeshwar Dwarkadas Jaiswal, are CLIII license holders for a liquor shop at Shahabazar, Aurangabad...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Quashing of criminal proceedings – No violation of Drugs and Cosmetics Act, 1940 – Magistrate’s summoning order lacked reasons.

Code of Criminal Procedure, 1973 – Section 482 Quashing of Criminal Proceedings – High Court dismissed the petition under Section 482 of the Code ...

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Bombay High Court Dismisses Appeal in Customs Case — Conversion of Shipping Bill from DEEC to Drawback Scheme Denied. CBEC Circular No. 4/2004 requires prior denial of DEEC benefit by DGFT or Customs; mere inability to utilize advance license does not qualify.

The appellant, Manawat Plastics Pvt. Ltd., exported Woven PP Bags/Fabrics under three Shipping Bills dated 06.08.2002, 13.08.2002, and 16.09.2002 unde...

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Bombay High Court Dismisses Appeal in Customs Case — Conversion of DEEC Shipping Bill to Drawback Scheme Denied. CBEC Circular No. 4/2004 Mandates Prior Denial of DEEC Benefit by DGFT or Customs Authorities, Which Was Not Established.

The appellant, Manawat Plastics Pvt. Ltd., exported Woven PP Bags/Fabrics under three Shipping Bills dated 06.08.2002, 13.08.2002, and 16.09.2002 unde...