Search Results for "fair opportunity"

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Refund Rejection Orders Quashed Due to Breach of Rule 92(3) of CGST Rules, 2017 and Violation of Natural Justice. Rejection of refund applications overturned on grounds of non-compliance with procedural rules and denial of opportunity for hearing.

The Petitioner challenged the rejection of its refund application by the department on the grounds of procedural irregularities and a breach of the Ce...

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Writ Petition on Premature Retirement and the Role of Adverse ACRs in Service Tenure. Court clarifies the role of Annual Confidential Reports (ACRs) and their impact on premature retirement under Rule 3.26(d) of Punjab Civil Services Rules.

The petitioner, a Senior Assistant in the Cooperative Department, challenges his premature retirement under Rule 3.26(d) of the Punjab Civil Services ...

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Writ Petition Partially Allowed - Restoration of ULP Complaint after 19 Years. The Bombay High Court restores a long-pending unfair labour practice complaint while denying back wages and setting a time-bound trial schedule.

Acts Discussed: The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 Item 1, Schedule IV: Unfair labo...

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Assessment Order Quashed Due to Violation of Principles of Natural Justice

The Bombay High Court quashed the assessment order dated March 27, 2024, passed against Cheftalk Food and Hospitality Services Pvt. Ltd. under Section...

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High Court of Bombay Reverses Land Resumption Order Due to Procedural Violations and Misinterpretation of Grant Tenure. Land granted under perpetual Sanad cannot be resumed for breach of lease conditions.

The High Court of Bombay adjudicated two writ petitions challenging the resumption of land by the Government of Maharashtra. The dispute concerned a p...

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Supreme Court Overturns Tribunal Ruling, Declares Assam Resident Indian Citizen. Procedural Unfairness and Insufficient Evidence Lead to Landmark Judgment Ensuring Justice and Upholding Natural Rights

Md. Rahim Ali, declared a foreigner by the Foreigners Tribunal in Nalbari, Assam. Rahim Ali challenged this decision, presenting various pieces of evi...

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"Petition for Restoration of Suit Dismissed Due to Non-Service of Summons: Balancing Procedural Compliance and Substantive Justice" "Summons, Dismissal, and Restoration of Rights."

Petition challenging the dismissal of a suit against Defendant No.1(c) due to non-service of summons. The petitioner argues procedural errors and seek...

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"Upholding Eviction: Court Rules in Favor of Landlord Under Maharashtra Rent Control Act" "Conclusive Evidence in Written Agreements Seals Eviction; Jurisdictional and Procedural Claims Dismissed"

The case involves the eviction proceedings under Section 24 of the Maharashtra Rent Control Act, 1999, based on Leave and License Agreements between t...

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Court Condoned 156-Day Delay in Commercial Appeal. Nagpur District Judge's dismissal of Rs. 1.7 Crore recovery suit leads to appeals; court finds sufficient cause for delayed appeal, schedules hearing for July 2024.

The original plaintiff's commercial suit for the recovery of Rs. 1,70,16,342 was dismissed by the District Judge-2, Nagpur, on 06.05.2022. Both the pl...

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Reinstatement of Wrongfully Terminated Headmaster. Legal Battle Over Procedural Bars Ends with Full Back Wages and Continuity of Service Under MEPS Act

Petition challenges the dismissal of the petitioner’s appeal under Section 9 of The Maharashtra Employees of Private Schools (Conditions of Serv...