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Bombay High Court Dismisses Revenue's Appeal in Central Excise Case on Unjust Enrichment. Bar of Unjust Enrichment Not Applicable to Provisional Assessment Cases Prior to Amendment of Rule 9B of Central Excise Rules, 1944.

The appeal was filed by the Commissioner of Central Excise, Mumbai-III Commissionerate, against the judgment of the Customs, Excise and Service Tax Ap...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation of Rs.68,23,000 Upheld. Computation of Loss of Dependency Based on Deceased's Annual Income of Rs.12,00,000 with 50% Future Prospects and Deduction of 1/3rd for Personal Expenses.

The case arises from a motor accident claim petition filed by the widow and son of Shivram Nake, who died in a road accident on 06.09.1995. The deceas...

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High Court of Karnataka Rehears Criminal Appeals Against Conviction for Murder and Robbery After Remand by Supreme Court. Conviction Based on Circumstantial Evidence and Recoveries Challenged Under Section 374(2) of Code of Criminal Procedure, 1973.

The matter originated from the murder of Smt. Chukibai, a 68-year-old pawnbroker residing alone at Chamarajpet, Bengaluru. On 12.05.1991, accused No.1...

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Karnataka High Court Refers Questions on Applicability of Payment of Gratuity Act to Temples to Full Bench. Division Bench Finds Arguable Questions Whether Temple is 'Commercial Establishment' Under Karnataka Shops Act and Whether Prior Precedent on Temple Employee's Gratuity is Correct.

The dispute arose when a former employee of Shri Mookambika Temple, Kollur, claimed gratuity under the Payment of Gratuity Act, 1972 after his superan...

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High Court Dismisses Writ Petition Seeking Compensation for Land Acquired by BDA, Filed by Agreement Holder. Agreement Executed After Preliminary Notification Held Void; Suppression of Civil Suit and Lack of Title Preclude Compensation.

The petitioner, claiming to be an agreement holder in respect of certain lands notified for acquisition by the Bangalore Development Authority for the...

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Supreme Court Allows Appeal in Samvida Shala Shikshak Appointment Case — Compensation Enhanced for Arbitrary Denial of Appointment. State's mala fide conduct in repeatedly amending rules to deny appointment despite court orders warrants restitution.

The appellant, a former Instructor in a Non-Formal Educational Centre, was selected for the post of Samvida Shala Shikshak Grade-III in an examination...

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Supreme Court Allows Appeals Against High Court Order Quashing Proceedings in Murder Conspiracy Case — Prima Facie Case of Fabricated Alibi Established. Police Officers Allegedly Created Bogus Excise Case to Shield Murder Accused, High Court Erred in Quashing Under Section 482 CrPC.

The Supreme Court allowed the appeals filed by the appellant, Om Prakash Yadav, against the judgment of the Allahabad High Court which had quashed cri...