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High Court Dismisses Bank's Petition Challenging Interest on Delayed Gratuity Payment Under Section 7(3A) of Payment of Gratuity Act, 1972. Service Regulations Cannot Override Statutory Mandate for Interest on Delayed Gratuity....

The case involves a writ petition filed by Allahabad Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, challenging an order of the Ap...

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Bombay High Court Quashes Minister's Order Cancelling Fair Price Shop License Without Hearing — Violation of Natural Justice Under Essential Commodities Act, 1955. License Cancellation Set Aside for Non-Compliance with Audi Alteram Partem Principle....

The petitioner, Dinesh Bansilal Agrawal, was a licensee of a fair price shop under the Essential Commodities Act, 1955. The Minister of Food, Civil Supplies and Consumer Protection, Government of Maha...

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Bombay High Court Quashes ITAT's Interim Refund Order in Pending Appeal — Tribunal Cannot Direct Refund Without Adjudicating Merits Under Income Tax Act, 1961. The court held that the Income Tax Appellate Tribunal lacks jurisdiction to grant interim relief without hearing the main appeal, as it would render the appeal infructuous and cause prejudice to the revenue....

The Director of Income Tax (Exemption), Mumbai, filed a writ petition challenging an order dated 25 November 2013 passed by the Income Tax Appellate Tribunal (ITAT). The ITAT, while hearing an appeal ...

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High Court of Bombay Grants Interim Injunction Restraining Encashment of Bank Guarantees in Subcontractor Dispute. Fraud and Irretrievable Injustice Established as Grounds for Injunction Against Bank Guarantee Invocation Under Contract Law....

The Plaintiff, ITD Cementation India Ltd., filed a suit seeking a restraint order against Defendant No.1, Reliance Infrastructure Limited, from demanding or receiving amounts under ten bank guarantees...

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Bombay High Court Dismisses Union of India's Petition Challenging CAT Order Treating Suspension Period as Qualifying Service for Pension. The Court held that under Rules 37 and 50 of the Railway Service (Pension) Rules, 1993, an employee compulsorily retired is entitled to have the suspension period counted as qualifying service for pension....

The respondent, J.S. Kharat, was employed by the Central Railway since 1964 as a Driver 'C'. On 25.12.1985, he was placed under suspension due to involvement in a train collision. A charge sheet was s...

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Bombay High Court Quashes Cancellation of Eating House License in Hotel Rape Case — Licensee Not Liable for Criminal Acts of Third Parties Without Complicity. The court held that cancellation of license under Maharashtra Police Act solely on ground of rape occurring on premises is unsustainable without proof of licensee's involvement or negligence....

The petitioner, Vijayalaxmi Marakwar, was running a hotel named 'Hotel Chandrama Resort' with a valid eating house license under the Maharashtra Police Act. On 1 June 2013, the Tahsildar and Taluka Ex...

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Bombay High Court Allows Husband's Petition to Cancel Maintenance Under Section 127 CrPC Due to Wife's Employment. Wife's income as teacher held sufficient to maintain herself, entitling husband to cancellation of maintenance awarded under Section 125 CrPC....

The petitioner, Mohammed Naim, is the husband of respondent no.1, Shaikh Shaziya Farheen. He had been paying maintenance to his wife and their minor child under an order passed by the Magistrate under...

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High Court of Karnataka Quashes No-Confidence Motion Notice Against Panchayat Adhyaksha and Upadhyaksha for Non-Compliance with Section 49(2) of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 — Notice Issued Without Seven Days' Clear Notice Period and Without Specifying Date of Meeting....

The petitioners, Smt. Chandrakala and Smt. Bhagyamma, were the Adhyaksha and Upadhyaksha respectively of Makali Grama Panchayat in Ramanagara District. Respondents 5 to 11, who were members of the Pan...

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High Court of Karnataka Dismisses PIL Challenging Two-Year Separation Period Under Section 10A of Indian Divorce Act, 1869. Court holds that the provision is not discriminatory and does not violate Articles 14 and 21 of the Constitution as the period is reasonable and based on legislative policy....

The petitioner, an advocate, filed a public interest litigation under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bangalore. The petition sought a declarati...

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High Court of Karnataka Allows Reinstatement of Conductor in KSRTC Dispute — Workman Foregoes Backwages and Continuity of Service. Parties Agree to Settle Industrial Dispute by Reinstating Petitioner as Conductor Without Monetary Benefits....

The petitioner, B. Narayanappa, an ex-conductor of KSRTC, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the award dated 3.11.2007 passed by the II Additiona...