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Dilbagh Kaur Chandok v. State
The Delhi High Court upheld the acquittal of the respondent in a Section 138 NI Act case, holding that unaccounted cash transactions are illegal and unenforceable liabilities.
The Royal Western India Turf Club Ltd. v. The State of Maharashtra
The Bombay High Court held that entertainment duty cannot be levied on optional mobile phone charges at race courses as such payments are not mandatory for admission and the levy by Government Resolution is invalid.
The Chief Officer, Alibag Municipal Council v. Mamta N. Patil & Ors.
The Bombay High Court upheld Industrial Court orders directing regularization of municipal daily wage employees who worked against sanctioned posts for over ten years, rejecting reliance on Model Standing Order 4C for State Instrumentalities lacking power to create posts.
M/s. Karia Erectors Private Limited v. Union of India
The Bombay High Court held that interest under Section 220(2) of the Income Tax Act is payable only up to admission of the settlement application and surcharge under Section 113 cannot be levied retrospectively on searches before 1st June 2002.
M/s. Ajay Deep Construction Pvt. Ltd. v. Maharashtra State Police Housing & Welfare Corporation Ltd.
The court held that the contractor is entitled to payment for certified extra work and interest on delayed payments under Section 3 of the Interest Act, 1978, provided the interest notice was issued while principal was outstanding.
The Divisional Manager, Forest Development Corporation, Nashik v. Tulashiram Rama Khutade
The Bombay High Court upheld the Industrial Court’s and Single Judge’s orders directing regularization of long-serving daily wage watchmen employed by a government company, holding such engagement as unfair labour practice despite absence of sanctioned posts.
The Commissioner Of Sales Tax Maharashtra v. M-s Nestle India Ltd
The Bombay High Court held that "Nescafe Premix" is taxable under the specific entry for instant coffee based on common parlance, overruling classification based on ingredient percentage.
S P Ashta v. Delhi Agricultural Marketing Board
The Delhi High Court held that pay scale upgradation for a Superintending Engineer depends on completion of 13 years of Group 'A' service counted from promotion to a Group 'A' post and that Central Government service guidelines do not apply to the Delhi Agricultural Marketing Board.
Dharmil A. Bodani v. Manju Meadows Pvt. Ltd.
The court upheld the Plaintiffs' majority shareholding under a valid Share Purchase Agreement and declared the Defendants' increase in share capital and allotment of shares to be illegal, restoring Plaintiffs' control over the company.
Neha Shroff v. Union of India
The Bombay High Court upheld penalties under FERA against appellants found to be persons resident outside India based on intention to stay abroad, affirming the applicability of FERA's residence definitions and concurrent findings of fact.
IMAX Corporation v. E-City Entertainment (I) Pvt. Ltd.
The Bombay High Court held that foreign arbitral awards are enforceable only against parties to the arbitration, refused enforcement against non-parties absent fraud, and upheld limitation and public policy defenses including FEMA violations.
Union of India v. Dr. Rustom Sam Boyce
Mesne profits under the Bombay Rent Act are payable only from the date of eviction decree as possession remains lawful during suit pendency, and mesne profits enquiry is an independent proceeding distinct from execution of the decree.
Ramchandra Vishnu Sable & Ors. v. Narayan Shankarrao Game Patil & Ors.
The Bombay High Court held that liquidated damages awarded must be reasonable and not penal, reducing the award to refund of earnest money with interest, clarifying the application of Sections 73 and 74 of the Indian Contract Act.
Vijaymala Sidling Doijad v. The State of Maharashtra
The Bombay High Court held that a counter-claim filed after settlement of issues and recording of evidence is generally impermissible and set aside the trial court's order allowing such a belated counter-claim.
st July, 2017 INDIAN COUNCIL OF AGRICULTURAL RESEARCH & ANR. ..... Through Mr.Gagan Mathur & Mr.Varun Kumar, Advocates. v. SHRI LAXMI NARAYAN MEENA .....
The Delhi High Court upheld the Tribunal's quashing of delayed reversion orders reverting employees to lower grades, holding that long acquiescence and known qualifications preclude retrospective reversion.
Dilip Lalchand Porwal v. State of Maharashtra
The High Court held that the State Human Rights Commission lacks jurisdiction over civil property disputes and quashed its order directing compliance under the Protection of Human Rights Act, 1993.
Ashok Kumar v. Govt of NCT of Delhi and Ors.
The Delhi High Court held that AICTE clarifications imposing a first class Master's degree requirement cannot retrospectively deny promotion rights under the original 1999 circular, allowing petitioners' promotion to Lecturer (Selection Grade).
Reeta Mukesh Sehgal v. Union Bharat Sabha & Ors.
The Bombay High Court upheld termination of a college Principal for deliberate alteration of service records and misconduct involving moral turpitude, affirming the proportionality of disciplinary punishment and limited scope of judicial review.
ST MARKS SR SEC PUBLIC SCHOOL & ANR v. DIRECTOR OF EDUCATION AND ORS
The Delhi High Court upheld the Director of Education's order invalidating a 15% tuition fee increase for air conditioning expenses and affirmed the requirement for schools to maintain a separate depreciation reserve fund account before charging development fees.
Tulshiram T. Patil v. Wellman Hindustan Limited
The Bombay High Court upheld a binding industrial settlement resolving wage and gratuity claims of workers, rejecting allegations of fraud and delay in raising objections.