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Karnataka High Court Pronounces Order in Writ Petitions Challenging Premature Transfers of Commercial Tax Officers Under Transfer Guidelines 2013. Transfer Orders Allegedly Violated Minimum Tenure Rule and Requirement of Prior Approval of Chief Minister.

The Karnataka High Court heard a batch of five writ petitions filed by commercial tax officers (Deputy Commissioners and Assistant Commissioners of Co...

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Supreme Court Upholds High Court Decision That Appellate Tribunal Has Implied Power to Stay Penalty Recovery Pending Appeal. Section 254 Income-tax Act's Appellate Jurisdiction Includes Incidental Power to Grant Stay to Prevent Frustration of Appeal.

The matter arose from penalty proceedings under the Income-tax Act, 1961. The Income Tax Officer imposed penalties on the assessee, M.K. Mohammed Kunh...

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Supreme Court Adjudicates Seniority Dispute Arising from Cadre Bifurcation and Re-amalgamation in Customs and Excise Department. Dispute Centers on Impact of Separate Data Processing Cadre on Ministerial Employee Seniority Under the 1979 Recruitment Rules.

The case involved a seniority dispute among employees of the Customs and Central Excise Department. The original ministerial cadre, governed by the Ce...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Supreme Court Allows Appeals of Shiksha Karmis in Bias and Natural Justice Conflict. Breach of Audi Alteram Partem Cured by Revisional Hearing Where No Actual Bias Proved Under Section 40(c) of Madhya Pradesh Panchayat Raj Act Avam Gram Swaraj Adhiniyam, 1993.

The case involves four civil appeals arising from a split verdict of the Supreme Court regarding the validity of appointments of Shiksha Karmi (Grade ...

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Bombay High Court Quashes Transfer Order in Favor of Government Employee Due to Violation of Minimum Tenure Under Transfer Act, 2005. Transfer Ordered Before Completion of Statutory Tenure Without Justification is Illegal.

The petitioner, Jitendra Manohar Jadhav, a Laboratory Technician working at Rural Hospital, Amalner, District Jalgaon, challenged his transfer order d...

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Bombay High Court Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Allegations of fraud in counter-claim do not render it non-arbitrable unless serious and complex, under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions filed by Rekha Agarwal and Sunil Agarwal challenging an order of a Sole Arbitrator under Section 16 of the...

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Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Enquiry Officer's Report Not Furnished to Contractor Before Imposing Ban, Rendering Order Arbitrary and Unreasonable Under Article 14.

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by Respondent No.2, Oil and N...