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High Court of Madras Partly Allows Writ Petition in Service Matter — Recovery of Excess Pay Set Aside Despite Pay Revision Confirmed. Employee's Excess Pay Recovery Set Aside as Employer Error Without Misrepresentation, Applying Rafiq Masih Principles.

The writ petition was filed by A. Shenbagavalli, an employee of the subordinate judiciary in Tamil Nadu, who was appointed as a Copyist on 13.01.1999 ...

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Madras High Court Quashes Recovery Order Against Senior Bailiff in Service Matter Due to Departmental Error. Recovery of Excess Salary for 29-Year Period Set Aside as No Misrepresentation Shown, Causing Extreme Hardship Under Article 226 of Constitution.

The petitioner, who was appointed as a Senior Bailiff in 1993, received an Official Memorandum dated 09.06.2022 from the 6th respondent stating that h...

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Madras High Court Allows Writ Petition Seeking Refund of Recovered Amount After Quashing of Recovery. Natural Consequence of Quashing Recovery is Refund, and Sub-Judge's Return of Application Held Improper.

The petitioner, a judicial employee, was subjected to proceedings regarding refixation of pay and recovery of an alleged excess amount. In an earlier ...

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High Court Allows Writ Petition Against Subordinate Judge’s Return of Refund Application in Pay Refixation and Recovery Matter. Holds that Once Recovery Order is Quashed, the Natural Consequence is Refund of Amounts Already Recovered, Independent of Confirmed Pay Refixation.

The dispute arose from pay refixation and subsequent recovery of alleged excess payments from a court employee. The petitioner’s pay was refixed und...

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Madras High Court Partly Allows Writ Petition Against Recovery of Excess Pay from Steno-Typist. Recovery Set Aside on Grounds of Hardship as Employee Belonged to Group C Service, Excess Payment Exceeded Five Years, and No Misrepresentation Found, Following State of Punjab v. Rafiq Masih.

The dispute arose when the petitioner, K. Amutha, a Steno-Typist serving in the judicial department of the State of Tamil Nadu, was confronted with a ...

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Bombay High Court Dismisses Petition Challenging Discriminatory Sales Tax Rules Under Article 226. Held that Rule 31B and Rule 31AA of the Bombay Sales Tax Rules, 1959 operate in different contexts and do not violate Article 14 of the Constitution.

The petitioners, M/s Graphite India Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High C...

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High Court of Karnataka Quashes Demand Notice for Royalty on Steatite Extraction in Violation of Affidavit Condition — Petitioner's Use of Mineral for Decorative Blocks Not Proved to Be for Cottage Industry. Affidavit Undertaking Not Incorporated in Lease Deed Cannot Be Enforced as Condition of Lease.

The petitioner, S.K. Suresh, held a quarry lease for steatite (a minor mineral) granted on 10-11-2010 under the Karnataka Minor Mineral Concession Rul...

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Supreme Court Hears Appeal on Whether Income Received by Non-Resident via Cheques Sent by Post Is Taxable in British India. High Court Had Held Post Office as Agent and Income Taxable.

The assessee, a non-resident textile manufacturer with offices at Indore and Bombay, supplied goods to the Indian Stores Department, Government of Ind...