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Supreme Court Upholds Employees' Right to Gratuity in Pending Criminal Appeals Under Kerala Service Rules. Interpretation of Rules 3 and 3A of Kerala Service Rules Distinguishes Pension from Death-cum-Retirement Gratuity, Prohibiting Withholding Despite Conviction with Suspended Sentence.

The Supreme Court examined appeals arising from a Full Bench judgment of the Kerala High Court concerning the entitlement of government employees to D...

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Bombay High Court Allows Retired Employee's Petition Against Pension Refixation by Pune Municipal Corporation. Court holds that pension cannot be reduced without affording opportunity of hearing and that fixation of pay at time of promotion cannot be reopened after retirement.

The petitioner, Shri Shrikant Chintaman Joshi, was a retired employee of the Pune Municipal Corporation. He was appointed as an Overseer on 8th July 1...

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Bombay High Court Dismisses Petition Challenging DRAT Order Setting Aside DRT's Reference to Arbitration in Bank Recovery Suit. Debt Recovery Tribunal Has Exclusive Jurisdiction Under RDDB Act, 1993, and Arbitration Clause Cannot Oust It.

The Bombay High Court dismissed a writ petition filed by Harvestdeal Securities Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRA...

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Supreme Court Dismisses Appeals of Generating Company and State Utility in Electricity Tariff Dispute. Deemed Generation Incentive Not Payable After 1995 Notification; Supplementary Agreement Bars Retrospective Interest on Deemed Loan.

The Supreme Court dismissed two appeals arising from a common order of the Appellate Tribunal for Electricity (APTEL) concerning a power purchase agre...

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High Court Partially Allows State in Education Incentive Increment Appeal — Recovery from Retired Teacher Set Aside but Re-fixation of Pay Upheld. Open University M.A. Degree Held Not Eligible for Incentive Increment Where Teacher Already Received Increment for B.Ed., as per Government Scheme.

The dispute arose from a writ appeal filed by the Director of Elementary Education, the Chief Educational Officer (i/c) cum District Elementary Educat...

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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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WRIT PETITION NO. 5204 OF 2019

The present writ petition was filed by six petitioners, including two public limited companies and four individuals, challenging an order dated 30.05....