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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 Service...

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Bombay High Court Dismisses Petition Challenging Reassessment Notice Under Section 148 of Income Tax Act for AY 2007-2008. Failure to Assess Consideration Under Distribution Agreement Constitutes Income Escaping Assessment.

The petitioner, Sun Tan Trading Co. Ltd., is engaged in the business of import and distribution of alcoholic beverages in India. It entered into a Dis...

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Bombay High Court Dismisses Petition Seeking Stay of Departmental Enquiry During Criminal Trial in EPF Fraud Case. Held that departmental proceedings and criminal trial can proceed simultaneously as charges are distinct and no prejudice is caused to the delinquent employee.

The petitioner, Shiva Shankar Mamidi, a Data Processing Assistant in the Employees Provident Fund Organization (EPFO), challenged an interim order of ...

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Supreme Court Reviews Industrial Dispute Over Contract Labour Wages and Settlement Binding Under Industrial Disputes Act, 1947. High Court Sustained Tribunal Award on Substantive Issues but Remanded for Individual Wage Scale Determination Due to Tribunal's Failure to Apply Basis to Facts.

The dispute originated from a Direct Action notice raised by the Oil Field Employees Association on 26 August 2016, representing workmen engaged by co...

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Bombay High Court Dismisses Revision Application in Suit for Declaration and Injunction — Order Rejecting Application Under Order 7 Rule 11 CPC Upheld. Plaint Discloses Cause of Action and Is Not Barred by Law Under Order 7 Rule 11 CPC.

The case involves a civil revision application filed by the original defendants (M/s New Shelter Enterprises and its proprietors) challenging an order...

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Bombay High Court Dismisses Union of India's Petition Challenging CAT Order for Compassionate Appointment. Rejection of elder brother's application for producing bogus certificate does not bar younger son's independent claim for compassionate appointment under Railway Establishment Code.

The case involves a challenge by the Union of India (Railway) against an order of the Central Administrative Tribunal (CAT) directing consideration of...

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Bombay High Court Allows Appeal by Decree-Holder in Execution Proceedings, Setting Aside Dismissal as Time-Barred. The court held that filing chamber summons and other applications constituted steps in aid of execution, extending limitation under Article 136 of the Limitation Act, 1963.

The case involves an appeal by Pratap G. Somaiya (the appellant/decree-holder) against an order dismissing his execution application as time-barred. T...

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Bombay High Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Civil Nature of Dispute. Agreement to Sell Land Between Housing Society and Landowner Does Not Attract Criminal Offences Under Sections 420, 468, 471, 447 IPC.

The applicant, Indrajitsingh Jogindersingh, was accused no. 10 in Crime No. 131/2006 registered at Police Station Gittikhadan, Nagpur, for offences un...

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Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...