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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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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

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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...

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Gujarat High Court Allows Condonation of Delay in Substitution of Heirs in Civil Appeal. Delay of 1537 days condoned as sufficient cause shown for bringing legal representatives of deceased respondents on record in pending first appeal against decree under Order VII Rule 11 CPC.

The present application was filed by the applicants, Vikramsinh Kanjibhai and another, seeking condonation of delay of 1537 days in filing an applicat...

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High Court of Karnataka Allows Petition of Librarian in Private Aided College — Quashes Fresh Recruitment Notification Due to Continuous Service and Acquired Higher Qualifications. Petitioner's Appointment Since 2004 and Subsequent M.Phil and Ph.D. Degrees Render Impugned Notification Unjustified.

The petitioner, Smt. Nirmala Hiremath, was appointed as a Librarian in the fifth respondent college, run by the fourth respondent society, on 19.07.20...