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High Court of Judicature at Bombay, Aurangabad Bench Allows Defendants' Second Appeal in Partition Suit as Alienee Proved Legal Necessity. Alienation of Ancestral Property by Disabled Manager Upheld Where Alienee Made Reasonable Enquiries and Believed in Good Faith that Necessity Existed.

Background: The dispute concerned the alienation of ancestral agricultural lands belonging to a Hindu joint family. The original plaintiffs (responden...

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Supreme Court Allows Canara Bank's Appeal in Disciplinary Proceeding Against Officer. Regulation 5(3) of Canara Bank Officers and Employees (Discipline and Appeal) Regulations, 1976 Permits Higher Authority to Impose Penalty.

The case involves a disciplinary proceeding against Kameshwar Singh, a Scale I officer of Canara Bank, who was charged with misconduct and compulsoril...

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Bombay High Court Dismisses Petition of Railway Driver Challenging Revision of Penalty from Reversion to Removal. Revision under Rule 25(1) of Railway Service (Discipline and Appeal) Rules, 1968 Upheld as Valid and Procedurally Fair.

The petitioner, Mohmed Usman Abdul Bari, was a Class IV employee of the Central Railway who was promoted to driver grade C on 8.10.1992. On 16.2.1993,...

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Bombay High Court Dismisses Petition Challenging Workman Status of General Manager (Research) in Industrial Disputes Act Case. The court held that the nature of duties performed by the employee, not the designation, determines workman status, and the respondent's work was primarily technical and clerical.

The petitioner, M. Visvesvaraya Industrial Research & Development Centre, a nonprofit scientific research organization, challenged an order of the Ind...

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Supreme Court Dismisses Assessee's Appeal in Income Tax Deduction Dispute Over Commission Paid to General Manager. Expenditure disallowed as excess over reasonable remuneration was not laid out wholly for business purposes under Section 10(2)(xv) of the Income-tax Act, 1922.

This appeal arose from an income-tax assessment where the assessee, a woollen manufacturer, had appointed one V as General Manager. The terms of appoi...