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Bombay High Court Upholds Reduction of Penalty in Disciplinary Proceeding for Pay Fixation Misconduct — Proportionality of Punishment Upheld. Court held that while misconduct was established, removal was disproportionate and Appellate Authority's modification to reduction to lowest scale was justified.

The petitioner, Rajesh Ashok Mankar, was employed as a Computer Operator with Konkan Railway Corporation Limited (KRCL). He was initially appointed on...

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Bombay High Court Allows Writ Petition of Deputy Registrars Challenging Recovery of Excess Salary Due to Mistaken Pay Rule Interpretation. Court holds that recovery of excess payments made without employee fault violates Article 300A of the Constitution and principles of equity.

The petitioners, eight former and current Deputy Registrars of the Bombay High Court, filed a writ petition challenging the decision of the Registrar ...

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Bombay High Court Dismisses Writ Petition Challenging School Tribunal's Rejection of Appeal Against Termination. Compromise Settlement in Earlier Writ Petition Did Not Bar Fresh Termination Due to Non-Approval of Appointment.

The petitioner, Hiraji Natthurao Bangare, was employed as an Assistant Teacher with respondents 1 and 2 from 1997 to 01.04.2003. His appointment was n...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Sets Aside MACT Dismissal for Failure to Prove Negligence. Claimant's evidence of rash driving by respondent motorcyclist found sufficient to establish negligence under Section 166 of Motor Vehicles Act, 1988.

The appellant, Mr. Sameer S. Desai, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribun...

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Bombay High Court Allows Pensionary Benefits for Broken Period Service in Government Polytechnic College Case. Court directs condonation of break from 13.06.1965 to 29.06.1966 for pensionable service under Maharashtra Civil Services (Pension) Rules, 1982.

The petitioner, Deelip S/o Harishchandra Jadhav, a retired employee of Government Polytechnic College, Dhule, filed two writ petitions seeking pension...

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Bombay High Court Dismisses Writ Petition Challenging Recovery of Excess Salary Paid to Employee Due to Mistaken Fixation of Pay Scale. Petitioner failed to challenge the recovery order within reasonable time and the recovery was based on a mistake of law.

The petitioner, Smt. E.S.S. Almeida, filed a writ petition before the Bombay High Court at Goa challenging an order dated 24-09-2003 passed by the res...

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Bombay High Court Dismisses Union's Challenge to Dearness Allowance Scheme Modification in Wage Reference. Court Upholds Industrial Tribunal's Decision to Remove Linkage Between Dearness Allowance and Basic Pay Under Section 9A of Industrial Disputes Act, 1947.

The Madura Coats Employees Union filed a writ petition under Article 226 of the Constitution challenging an award of the Industrial Tribunal which, in...

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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...