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Gujarat High Court Partly Allows State's Revision in Essential Commodities Case — Confiscation Reduced from 100% to 20% Upheld. Appellate Court's Discretion to Modify Confiscation Under Section 6A of Essential Commodities Act, 1955 Upheld as Not Perverse.

The State of Gujarat filed a Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challengin...

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Supreme Court Allows Appeals by DISCOMs and Generating Companies in Electricity Tariff Dispute — Change in Law Compensation for Coal Shortfall Must Be Computed Based on Actual GCV and SHR as per PPAs.

The judgment involves two civil appeals concerning the determination of compensatory tariff for Change in Law events under long-term Power Purchase Ag...

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High Court of Karnataka Quashes CBI Charge Sheets Against Cooperative Society Chairman for Lack of Sanction Under Section 197 CrPC. Chairman of cooperative society held to be a public servant under Section 21 IPC, requiring prior sanction before prosecution.

The petitioners, M/s. Ghataprabha Sahakari Sakkare Karkhane Niyamit (a cooperative society) and its Chairman, Lakhan Laxmanrao Jarkiholi, filed two wr...

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Bombay High Court Allows Cenvat Credit Appeals in Central Excise Case — Extended Limitation Period Not Invokable Without Suppression of Facts. Credit Denial Unsustainable When Simultaneously Available to Other Factories Under Cenvat Credit Rules, 2002.

The case involves four appeals filed under Section 35G of the Central Excise Act, 1944 by M/s. Sanvijay Rolling & Engineering Ltd. and Sanjay P. Agarw...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Favor of Client Against Trading Member for Unauthorized Trades. Award of Rs.6,59,634.54 with interest upheld as not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Angel Broking Private Limited, a trading member, challenged an arbitral award dated 29 August 2009 passed by a sole arbitrator appoint...

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Bombay High Court Dismisses Employer's Petition Challenging Gratuity Payment Order. Employer Cannot Withhold Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Without Termination of Service for Willful Omission or Negligence.

The Maharashtra State Road Transport Corporation (MSRTC) challenged the orders of the Controlling Authority and Appellate Authority under the Payment ...