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Supreme Court Upholds Withdrawal of Inter-Commissionerate Transfers for Inspectors Under Recruitment Rules 2016. Recruitment Rules Made Under Article 309 of the Constitution Prevail Over Executive Instructions, and ICTs Are Not Permissible as They Violate Separate Cadre Identity Under Rule 5.

The dispute arose from a batch of civil appeals filed by Inspectors of the Central Excise and Land Customs or Goods and Services Tax Administration, w...

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Bombay High Court Upholds Reinstatement of Workman in Absenteeism and Assault Case, Reduces Backwages to 25%. Industrial Court's reduction of backwages from 50% to 25% upheld as workman failed to prove he was not gainfully employed during dismissal period.

The petitioner, Sahebrao Khemaji Kale, a workman employed as a Painter and later Moulder with Paras Agro Engineering Work, was dismissed from service ...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of the Constitution Violated by Failure to Furnish Statements of Co-Accused and Retraction Letters.

The petitioner, Deepak Bapu Keluskar, challenged a detention order dated 29th September 2014 passed by the detaining authority under Section 3(1) of t...

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Bombay High Court Allows Refund of Premium Paid for FSI Exclusion in Town Planning Case — No Development Commenced, No Benefit Availed. The court held that retention of premium without providing any benefit amounts to unjust enrichment under the Maharashtra Regional and Town Planning Act, 1966.

The petitioners, Shri Prasad Pandurang Tapkir and Smt. Shakuntala Pandurang Tapkir, filed a writ petition challenging the order dated 15 February 2020...

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Supreme Court Allows Appeal in Contractual Forfeiture Case — HUDCO Cannot Forfeit Payments Without Fulfilling Reciprocal Obligations. Allotment Cancellation and Forfeiture of Rs. 28.11 Crores Set Aside as Unjust Enrichment Where Lessor Failed to Execute Agreement to Sub-Lease.

The dispute arose from an allotment letter issued by HUDCO to Tomorrowland Limited for a 99-year lease of land to build a 5-star hotel. The appellant ...

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Bombay High Court Allows Refund of Stamp Duty Paid on Agreement for Sale That Did Not Materialize Due to Market Downturn. Petitioner entitled to refund under Sections 47 and 48 of Maharashtra Stamp Act, 1958 as instrument was not followed by conveyance and no fraud or misrepresentation was involved.

The Petitioner, M/s Shweta Infrastructure and Housing (I) Pvt. Ltd., entered into an agreement for sale on 29 September 2014 with the Khatib family fo...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. Detention order set aside as detaining authority failed to consider that the petitioner was already in custody and no credible material showed likelihood of release on bail.

The petitioner, Mukesh Prakash Bhalerao, challenged an order of preventive detention dated 23rd January 2023 passed by the District Magistrate, Jalgao...