Judgements without assigned author

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Judgements without assigned author

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High Court

High Court of Andhra Pradesh Allows Petitioner in Writ Petition Seeking Refund of Earnest Money Deposit; Withholding for 13 Years Held Irrational. Internal Rate Fixation Irregularities Cannot Justify Withholding Contractor's Earnest Money Deposit After Defect Liability Period; Public Accountability Requires Timely Refund....

The dispute arose from a contract for works executed by the petitioner, who was represented by a general power of attorney holder. The petitioner had been allotted contractual works on 09.03.2011 and ...

High Court

Madras High Court Dismisses Appeal Against Acquittal in Murder Case Due to Lack of Evidence and Unreliable Witnesses. Conviction for Murder Under Section 302 IPC Cannot Be Sustained When Prosecution Fails to Prove Guilt Beyond Reasonable Doubt....

The appellant, Mariyammal, the sister of the deceased, filed a criminal appeal under Section 374(3) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal dated 10.10.2018 pass...

High Court

Madras High Court Dismisses Writ Appeal Against Construction of Co-operative Building, Upholds Administrative Decision. Administrative decisions of co-operative authorities are not subject to judicial review unless vitiated by mala fides or procedural irregularity....

The case involves a writ appeal filed by N. Balasubramaniam against an order dated 06.09.2024 in W.P.No.26014 of 2024, which had upheld the administrative decision of the Deputy Registrar of Co-operat...

High Court

Madras High Court Dismisses Appeal in Money Recovery Suit Based on Unproven Sale Agreements. Plaintiff Failed to Establish Execution of Agreements or Payment of Advance Amount, Trial Court's Findings Upheld....

The appellant, A. Mohammed Thariq, filed a First Appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908, against the judgment and decree dated 15.12.2022 in O.S.No.26 o...

High Court

High Court of Gujarat Dismisses Petition by Employer in Departmental Inquiry Case Due to Procedural Flaws. Tribunal's Order Quashing Dismissal Upheld as Inquiry Failed to Lead Oral Evidence, Violating Principles of Natural Justice Under Gujarat Civil Services Tribunal Rules....

The dispute involved a petition filed by the District Development Officer and another petitioner challenging the judgment of the Gujarat Civil Services Tribunal, which had allowed an appeal by the res...

High Court

High Court Quashes Income Tax Reassessment Proceedings Due to Violation of Natural Justice and Non-Compliance with Court Directions. Reassessment Orders Set Aside as Department Failed to Supply Requested Information and Issued Fresh Notice Contrary to Previous Court Order Under Sections 148 and 148A of Income Tax Act, 1961....

The dispute involved a writ petition filed by an assessee challenging reassessment proceedings initiated by the Income Tax Department. The petitioner, Champion Exim Co., sought to quash orders and not...

High Court

Gujarat High Court Allows Petition of Physically Challenged Window Clerks in Civil Hospital, Declares Them Government Servants and Quashes Oral Termination. Oral Termination of Government Servants Without Notice or Inquiry Held Illegal and Violative of Natural Justice Under Articles 14, 16, 21, and 23 of the Constitution of India....

The petitioners, 14 physically challenged individuals, were appointed as window clerks in the Civil Hospital, Ahmedabad, under a Government Resolution dated 08.08.2001. They operated computerized syst...

High Court

Gujarat High Court Quashes Dismissal of Bank Employee in Industrial Dispute — Labour Court Order Set Aside for Ignoring Complainant's Withdrawal and Failing to Consider Proportionality of Punishment. Termination of Sub-Staff Based on False Complaint Without Proper Inquiry Violates Principles of Natural Justice and Section 11A of Industrial Disputes Act, 1947....

The petitioner, Gokalbhai Devrajbhai Tala (Patel), was appointed as a sub-staff at Rajkot Nagarik Sahkari Bank Ltd. on 1 November 1995 and his services were regularized on 1 August 1996. On 24 Decembe...

High Court

Gujarat High Court Allows Second Appeal in Service Dispute, Sets Aside Back-Wages Award for Exceeding Pleadings. Appellate Court Erred in Granting Back-Wages Without Claim and Without Considering Jurisdiction of Civil Court Under Section 100 CPC....

The case involves a Second Appeal filed by Amreli Nagarpalika and another against Ashwinbhai Shantilal Goradia, challenging the judgment and decree of the Appellate Court dated 14.11.2003. The origina...

High Court

Gujarat High Court Allows Appeal in Headmistress Appointment Case — Directs Consideration of Teaching Experience for Eligibility. Experience as a Teacher from 15.10.1992 to 31.10.2009 and as In-Charge Principal from 01.11.2009 to 31.12.2014 qualifies under Rule 8 of the Gujarat Secondary Education Regulations, 1974 for the post of Headmistress....

The appellant, Bhargavi Prabodhkant Pandya, filed a Letters Patent Appeal under Clause 15 of the Letters Patent, 1865, challenging the judgment and order dated 16.12.2019 passed by a learned Single Ju...

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