Search Results for "retrospective policy"

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Bombay High Court Upholds Cooperative Court's Order Terminating Lease for Violation of Bye-laws in Cooperative Housing Society Dispute. Leasehold rights terminated due to unauthorized construction and sub-letting without society's consent; purchasers' rights held subject to society's bye-laws.

The dispute pertains to leasehold rights over a plot in Vithalnagar Co-operative Housing Society Ltd. The society granted a lease of the plot to membe...

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Supreme Court Upholds NGT Order Quashing Environmental Clearance for Peripheral Ring Road Due to Stale EIA Data. Primary Data Collected Over Three Years Before Submission Invalidates Clearance Under EIA Notification 2006.

The appeal arose from a judgment of the National Green Tribunal (NGT) dated 8 February 2019 quashing the Environmental Clearance (EC) granted to the B...

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Bombay High Court Dismisses Writ Petition Seeking Promotion with Retrospective Effect in Air India Corporation Case. Petitioner failed to establish any legal right to promotion or that the Respondent acted arbitrarily in not promoting him.

The Petitioner, T.S. Kolhatkar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a direction ...

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Bombay High Court Dismisses Petition Challenging Rejection of Seniority Protection in Municipal Corporation Promotion. Petitioner's claim for deemed promotion date from 1997 fails as he was not empanelled due to adverse confidential reports and lack of vigilance clearance.

The petitioner, Ravindra Murlidhar Kalekar, was appointed as a Sub Engineer (Civil) with the Mumbai Municipal Corporation on 3rd February 1975. He was...

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Bombay High Court Dismisses Petition Challenging Trade Circulars Restricting CST Exemption to Registered Dealers. State Government Cannot Grant Exemption for Inter-State Sales to Unregistered Dealers Under Section 8(5) of Central Sales Tax Act, 1956 After 2002 Amendment.

The petitioners, Prism Cement Limited and its shareholder/director, filed a writ petition challenging three trade circulars issued by the Commissioner...

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Bombay High Court Quashes Reversion of Air Crew Diver in Coast Guard — Policy Change Cannot Be Applied Retrospectively to Vested Rights. The court held that the petitioner had a vested right to continue in the ACD cadre and the reversion order based on a retrospective policy was illegal.

The petitioner, Narendra Kumar Dabar, joined the Indian Coast Guard as a Navik on 3 January 1986. He successfully qualified for the Air Crew Diver (AC...

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Bombay High Court Allows Petition Challenging Reservation of Reader Post in University Institute of Chemical Technology. Post of Reader is a teaching post superior to Lecturer and cannot be reserved under the Constitution of India and University Grants Commission Regulations.

The petitioner, Ashok Chandrashekar Rao, was appointed as Reader in Mechanical Engineering at the University Institute of Chemical Technology (formerl...

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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...