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Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

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High Court of Karnataka Allows Canara Bank's Writ Petition Seeking Removal of Encumbrance Created by Commercial Tax Department on Mortgaged Property. Priority of Bank's Mortgage Over Statutory Charge Under Karnataka Value Added Tax Act, 2003 Upheld.

The petitioner, Canara Bank, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the St...

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Bombay High Court Dismisses Petition Challenging 90% Salary Grant Clause in Government Resolution for Aided Technical Institutions. Clause No.10 of GR dated 21.08.2015 does not curtail right to 100% salary as grant-in-aid is limited to 90% under Rule 9 of GR dated 18.05.1978.

The petitioner, Government Aided Technical Institutes Employees Welfare Board (GATIWEB), a registered society representing employees of aided technica...

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Bombay High Court Allows Writ Petition for Pensionary Benefits of Retired Lecturer Under Maharashtra Pension Rules. Petitioner entitled to regular pension, gratuity, commutation, and leave encashment with interest for 30 years 1 month of service in aided colleges.

The petitioner, Dr. (Mrs.) Parvathi Venkatesh, a retired lecturer aged about 60 years, filed a writ petition under Article 226 of the Constitution of ...

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Bombay High Court Allows Assistant Teacher's Writ Petition for Pay Scale Revision and Arrears. Past Service as Shikshan Sevak Counts for Pay Fixation Under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

The petitioner, Shekhar P. Deshmukh, was appointed as an Assistant Teacher in the respondent no.4 Junior College on 30th November 1998. His appointmen...

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Bombay High Court Allows Writ Petition Challenging Dismissal of Execution Application for Arbitral Award on Limitation Grounds. Execution of Arbitral Award is Governed by Article 137 of Limitation Act, 1963, Not Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Mahindra & Mahindra Financial Services Ltd., had granted a loan of Rs.3,95,000 to respondent No.1 for purchasing a tractor, with respo...

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Karnataka High Court Upholds Reinstatement of Contractual Workmen in BESCOM Case — Compensation Reduced to Rs.75,000 Each. Workmen Appointed on Contract Basis for Specific Period Held Entitled to Reinstatement with Continuity of Service but Without Backwages Under Industrial Disputes Act, 1947.

The case involves writ appeals filed against an order of a learned Single Judge who upheld the award of the Labour Court but directed payment of Rs.75...

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Supreme Court Upholds Union of India in Section 17A Challenge — Prior Approval Requirement for Investigating Public Servants is Constitutionally Valid. Read Down to Mandate Independent Screening; Lokpal to Approve for Covered Public Servants.

The writ petition was filed by the Centre for Public Interest Litigation challenging the constitutional validity of Section 17A of the Prevention of C...