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Bombay High Court Allows Revenue's Appeal in Central Excise Penalty Case — Tribunal Cannot Reduce Mandatory Penalty Under Section 11AC. Assessee Not Entitled to Benefit of Provisos for Payment of Duty and Interest After Show Cause Notice.

The case involves an appeal by the Commissioner of Central Excise against an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) ...

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Bombay High Court Upholds Minor Penalty on Government Employee in Disciplinary Proceeding for Unauthorized Absence. Withholding of One Increment for Two Years Held Proportional Under Rule 11(iv) of CCS (CCA) Rules, 1965.

The petitioner, Mr. Hanamatrao M. Kulkarni, was a Junior Engineer (Electrical) in the Electricity Department, Government of Goa, recruited in 1983. He...

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Bombay High Court Allows Writ Petition Challenging Pension Calculation Based on Punishment of Reduction in Salary. Reduction in salary imposed as penalty cannot be used to compute last drawn pay for pension under Maharashtra Civil Services (Pension) Rules, 1982.

The petitioner, Dr. Ramchandra Bapu Nirmale, was a Medical Officer employed with the State of Maharashtra and ESIC from 20 December 1978 to 31 August ...

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Bombay High Court Dismisses Writ Petition by Provident Fund Commissioner Challenging Reduction of Damages Under Section 14B of EPF Act. Appellate Tribunal's Power to Reduce Damages Up to 50% Under Para 32B(c) of the Scheme Upheld for Delayed Remittance from April 1993 to November 1996.

The Regional Provident Fund Commissioner and Assistant Provident Fund Commissioner (the Corporation) filed a writ petition challenging the order dated...

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Madras High Court Allows Union’s Appeal in CISF Officer’s Disciplinary Matter; Directs Reconsideration of Minor Penalty After Finding Violation of Natural Justice Not Made Out

The appeal arose against a single judge’s order dated 23.08.2023 in W.P.No.9102/2022, setting aside a minor penalty imposed on the respondent, a Dep...

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Bombay High Court Upholds Reduction in Pay Scale as Punishment for Misconduct in Tata Memorial Hospital. Disciplinary action based on established misconduct and apology considered by employer.

The First Petitioner, Dr. Ganesh T. Panse, was employed as a Scientific Officer with the First Respondent, Tata Memorial Hospital. On 22nd September 2...

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Bombay High Court Allows Customs Appeal Against CESTAT Order Reducing Redemption Fine and Penalty Without Reasons. Tribunal's reliance on non-binding precedent from another bench held improper as it ignored its own earlier order.

The Commissioner of Customs (General), Mumbai, filed an appeal under Section 130 of the Customs Act, 1962 against the order of the Customs, Excise and...

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Supreme Court Holds Section 15J Factors Illustrative in SEBI Penalty Adjudication. Adjudicating Officer Retains Discretion to Consider Mitigating Circumstances Beyond Stipulated Factors Under SEBI Act.

The Supreme Court of India adjudicated a reference arising from multiple civil appeals concerning the interpretation of Section 15J of the Securities ...