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High Court of Judicature at Madras Allows State's Writ Appeal in Pay Re-fixation Matter and Sets Aside Single Judge Order. Division Bench Holds That G.O.Ms.No.340 Finance (Pay Cell) Department Dated 26.08.2010 Does Not Extend to Employees Appointed After 02.06.2009 and That Prior Orders Not Considering Its Scope Cannot Be Precedents....

By way of background, the dispute arose from a writ petition filed by an employee seeking re-fixation of pay and allowances by extending the benefit of G.O.Ms.No.340, Finance (Pay Cell) Department, da...

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Bombay High Court Examines Whether Land Acquisition Authority Must Stay Proceedings When Civil Suit for Specific Performance is Pending. Court Reiterates That Civil Court Jurisdiction is Barred Only When Full Relief is Available Before Special Forum Under RFCTLARR Act, 2013....

The dispute arose out of land acquisition proceedings for the Kanhan River Project. The petitioner's father had entered into agreements with respondent No.3 (owner) for the suit property, including a ...

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Bombay High Court Quashes Recovery of Excess Salary from Retired Employee; Directs Pension Refixation and Payment of Benefits with Interest. Recovery impermissible as excess payment made for over five years and employee belongs to Class III, applying principles from State of Punjab v. Rafiq Masih....

The petitioner, Gendlal Dharkar, was initially appointed as a Tracer in Maharashtra Jeevan Pradhikaran on 27/09/1991. Over the years, he received a time-bound promotional pay scale of Rs.4500-125-7000...

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High Court Quashes Recovery Orders for Excess Salary Paid to Retired Government Employee — Employee Not at Fault for Wrong Pay Fixation. Recovery of excess salary impermissible when promotional orders stand, following precedent in Gajanan Prabhakarrao Pande v. Maharashtra Jeevan Pradhikaran....

The dispute arose from a service matter involving a retired employee of Maharashtra Jeevan Pradhikaran who challenged recovery of alleged excess salary and sought correct fixation of pension. The peti...

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Bombay High Court Partition Suit Due to Plaintiff's Admission of Prior Partition in Legal Notice. Unregistered Partition Deed Not Admissible Under Registration Act but Admission in Notice Proves Partition and Bars Fresh Suit....

The litigation arose from a suit for partition and separate possession of agricultural lands, house property, and other assets originally filed by the respondent-plaintiff against his elder brother an...

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Bombay High Court Upholds Conviction of Accused Under Section 302 IPC Based on Circumstantial Evidence and Child Testimony in a Strangulation Case. Medical Evidence Proved Death Due to Strangulation, Not Hanging, and the Chain of Circumstances Established Guilt Beyond Reasonable Doubt....

The Bombay High Court dismissed the criminal appeal against the conviction of the appellant under Section 302 of the Indian Penal Code. The case arose from the death of Sunita, the appellant's wife, w...

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Bombay High Court Permits Construction of Transmission Line and Mangrove Felling for Bullet Train Project, Subject to Compensatory Plantation. Approval Granted Under Oversight of Earlier PIL Orders and Stringent Ecological Conditions to Ensure Afforestation and Monitoring....

The matter arose from a writ petition filed by Maharashtra State Electricity Transmission Company Limited (MSETCL) seeking permission to construct a 132 KV transmission line from Dahanu Sub-Station to...

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Bombay High Court Allows Writ Petition, Sets Aside Executing Court Order Declining Injunction Due to Functus Officio. Executing Court Retains Jurisdiction Under Section 47 CPC Even After Sending Precept to Collector for Partition, Can Grant Ancillary Reliefs....

The dispute arose from a protracted partition litigation spanning nearly six decades. A decree for administration of an estate and partition was passed in 1968 in Suit RCS No. 102 of 1963. In executi...