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Bombay High Court Dismisses Challenge to Section 479(2) of MMC Act, 1888 — License Fee Fixation by Commissioner Upheld. The court held that the power to fix fees is not unguided and does not violate Articles 14 or 19(1)(g) of the Constitution.

The petitioners, Rushabh Outdoors (a partnership firm) and Vandana Borse (proprietress of M/s. Synnovation), challenged the constitutional validity of...

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Madras High Court Partly Allows Railway's Petition in Pay Revision and Recovery Case — Recovery from Retired Employee Quashed as Unjust. Pay Revision Upheld but Recovery from Retiree After Ten Years of Erroneous Pay Fixation Held Impermissible.

The case involves a writ petition filed by the Union of India, represented by the General Manager, Southern Railway, challenging an order of the Centr...

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Bombay High Court Allows Retired Professor's Petition, Quashes Recovery from Gratuity and Pension. Recovery of Rs.8,43,782/- from retiral benefits set aside as employer failed to prove misrepresentation or fraud by employee, and recovery from pension/gratuity is impermissible under settled law.

The petitioner, Ganesh Sitaram Magar, a retired Ayurved professor, challenged the recovery of Rs.8,43,782/- from his gratuity and pension benefits. He...

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Bombay High Court Allows Retired Employee's Petition Against Recovery of Excess Payment Under Time Bound Promotion Scheme. Recovery of Rs.2,58,711/- Set Aside as No Misrepresentation by Employee and Recovery Ordered Without Notice Violates Natural Justice.

The petitioner, Ajabrao Rambhau Patil, was appointed as Technical Assistant on 16.02.1982 in the office of respondent no.3. The post was later abolish...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Denial of Compassionate Appointment to Government Employees' Dependents. Court holds that compassionate appointment cannot be claimed as a matter of right and is subject to fulfillment of eligibility criteria and availability of vacancies.

The petitioners, twenty individuals, filed a writ petition before the Bombay High Court at Goa challenging the decision of the State of Goa and its of...

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Bombay High Court Allows Widow's Petition for Family Pension in Deemed Confirmation Case. Husband Deemed Confirmed Under Rule 26(2) of Maharashtra Civil Services (Pension) Rules, 1982 Despite Death During Extended Probation.

The petitioner, Nita Bhagwan Ware, is the widow of Bhagwan Ware, who was appointed as an Assistant Teacher (Shikshan Sevak) on 1 July 2009. He died on...

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High Court of Bombay at Goa Allows Writ Petition of Retired Judicial Member of Railway Claims Tribunal — Notification Denying Pension Quashed as Ultra Vires and Unconstitutional. Pension is a right under Article 300A and denial without authority of law is arbitrary and violative of Articles 14 and 16.

The petitioner, Prabhakar H. Parab, a retired Judicial Member of the Railway Claims Tribunal, filed a writ petition under Article 226 of the Constitut...

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Bombay High Court Allows Petition Challenging Government's Jurisdiction to Question Appointment of College Registrar After Five Years. State Education Department's Action Held Unwarranted as Appointment Was Made After Due Process and Approved by Predecessors.

The Petitioner, Raghuvir Atmaram Sawant, was appointed as Registrar of Shri Chinai College of Commerce and Economics on 8th August, 1985, after an adv...

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Bombay High Court Dismisses Appeal Against Attachment Before Judgment in Recovery Suit by Financial Institutions. Non-Compliance With Order 38 Rule 5A CPC Does Not Invalidate Order Absent Prejudice.

The appeal arises from a suit filed by financial institutions (respondents 2 to 12) against J.K. Synthetics Limited (appellant) for recovery of dues. ...