Search Results for "rule partly absolute"

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Bombay High Court Allows Interest on Delayed Gratuity from Date of Retirement in Corruption Case Acquittal. Interest under Section 7(3A) of Payment of Gratuity Act, 1972 is payable from retirement date, not acquittal date, as gratuity becomes due on retirement regardless of pending criminal prosecution.

The petitioner, Vinodkumar Narayan Dixit, a former Deputy Collector, retired on 1st April 1997 while a criminal prosecution under the Prevention of Co...

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Bombay High Court Dismisses Tenant's Revision in Rent Control Eviction Case — Irregular Deposit of Rent Under Section 15(3) of Maharashtra Rent Control Act, 1999 Does Not Bar Eviction. Tenant's failure to deposit rent regularly despite court order justified decree for possession.

The case involves a dispute between the landlord (respondent) and the tenant (applicant) over eviction from a flat in Mumbai. The landlord filed a sui...

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Bombay High Court Partially Allows Appeal Against Setting Aside of Arbitral Award in Development Dispute. Court Upholds Damages for Breach but Disallows Compound Interest.

The judgment arises from two arbitration appeals under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a common order dated 25th...

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Bombay High Court Quashes Process Against Directors in Food Safety Act Case — Lack of Vicarious Liability. Directors cannot be held liable under the Food Safety and Standards Act, 2006 without specific averments of their role in the offence.

The petitioners, including a company and its erstwhile directors, challenged an order of the Additional Sessions Judge, Sangli, which dismissed their ...

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High Court of Bombay Dismisses Petition of IRS Officer Challenging Disciplinary Proceedings in Contraband Silver Seizure Case. Petitioner's claim of prior information from informer disbelieved; charge of malafide intention to appropriate reward upheld.

The petitioner, D.S. Karant, a 1969 batch Indian Revenue Service officer, was posted as Additional Commissioner at Mangalore. He claimed to have recei...

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Bombay High Court Quashes Termination Orders in Service Disputes for Non-Compliance with Natural Justice. Termination of services without inquiry or opportunity of hearing violates principles of natural justice, leading to reinstatement with 50% back wages.

The judgment concerns two writ petitions filed by employees of the Sales Tax Department, Maharashtra, challenging termination orders. The first petiti...

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Bombay High Court Allows Compassionate Appointment Despite Suppression of Criminal Case - Petitioner Acquitted and Offence Not Involving Moral Turpitude. Termination Set Aside, Reinstatement Ordered Without Back Wages.

The petitioner, Buddheshwar S/o Babulal Lilhare, was appointed as a Peon on compassionate ground by the Maharashtra State Electricity Distribution Com...

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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...