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Bombay High Court Allows Writ Petition of Lower Division Clerks in Income Tax Appellate Tribunal Challenging Denial of Annual Increment. Held that increment earned for service rendered in preceding year cannot be denied merely because employee proceeded on leave without allowance or was on probation.

The petitioners, nine Lower Division Clerks working in the Income Tax Appellate Tribunal (ITAT), Mumbai, filed a writ petition challenging the denial ...

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Supreme Court Dismisses State's Appeal in Leave Encashment Case for Re-employed Government Servant. Re-employed Employee Entitled to Second Leave Encashment Under Rule 36 of Sikkim Government Services (Leave) Rules, 1982, as Rule 32 Creates Legal Fiction Treating Re-employment as Fresh Service Entry.

The dispute originated from the State of Sikkim's appeal against High Court orders that granted leave encashment benefits to a re-employed government ...

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Bombay High Court Considers Cross-Petitions Against Labour Court Awards Awarding Compensation to Workmen Dismissed After Strike; Maintainability of Reference Under Industrial Disputes Act and Proportionality of Punishment Examined.

The matter involved cross writ petitions arising from Labour Court awards concerning the dismissal of workmen employed by Haldyn Glass Limited. In the...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...

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Gujarat High Court Partly Allows Appeal in Motor Accident Claim — Enhances Compensation Under Conventional Heads. 10% Contributory Negligence Upheld in Head-on Collision Under Motor Vehicles Act, 1988 Section 173.

The case arises from a motor accident claim petition filed by the legal heirs of deceased Nirmalkumar Lavkumar Thakar, who died in a collision between...

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Supreme Court Grants Leave to Appeal Against High Court Order Affirming Removal of Mathadhipathi under A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987. Leave granted in SLP against dismissal of challenge to removal based on enquiry report finding charges proved.

The appeal arose from the removal of the Mathadhipathi of Sri Swamy Hathiramji Mutt, Tirupati, under the Andhra Pradesh Charitable and Hindu Religious...

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Bombay High Court Quashes Criminal Proceedings Against Cooperative Bank Officials in Dishonour of Cheque Case Due to Lack of Vicarious Liability. Directors and Chairman Not Liable for Offences Under Negotiable Instruments Act Without Specific Allegations of Role in Day-to-Day Affairs.

The petitioners, who are the Chairman and Manager of a cooperative society (Shri Rajiv Gandhi Sahakari Nagari Path Sanstha Maryadit), were arraigned a...