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Bombay High Court Allows Writ Petition Challenging Recovery of Excess Pay in Ordnance Factory Case. Recovery of Excess Amount Paid Due to Employer's Mistake Held Impermissible When Employees Are in Same or Higher Pay Scale and No Misrepresentation Is Involved.

The petitioners, employees of Ordnance Factory Bhandara, were granted a higher pay scale by the employer. Subsequently, the employer sought to recover...

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Bombay High Court Dismisses Petition Challenging Notification Importing Customs Recovery Provisions for Excise Duty Interest. Section 12 of Central Excise Act, 1944 Validly Empowers Application of Customs Act Recovery Mechanisms for Interest on Delayed Payment of Excise Duty.

The petitioner, Krishnakant Sakharam Ghag, a partner of M/s Amit Textile Processors, filed a writ petition in the Bombay High Court challenging the va...

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High Court of Karnataka Acquits Deputy Commissioner of Excise in Corruption Case — Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt. Conviction under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 set aside due to unreliable trap witnesses and lack of corroboration.

The appellant, Shivananda Bankolli, was the Deputy Commissioner of Excise at Mysore. He was convicted by the Principal Sessions Judge & Special Judge,...

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Bombay High Court Quashes Recovery of Excess Transport Allowance from Court Employees — Recovery of Amounts Paid Without Misrepresentation by Employees Held Unjust

The petitioners, the High Court Gazetted Officers Association and its General Secretary, filed a writ petition challenging a letter dated 14.08.2007 i...

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High Court of Bombay Hears Criminal Appeal Against Conviction Under Prevention of Corruption Act. Appeal Pertains to Alleged Bribery Demand by State Excise Superintendent for Renewing Liquor License.

The matter involved a criminal appeal under the Prevention of Corruption Act, 1988, filed by a Superintendent of the State Excise Department at Ratnag...

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Bombay High Court Quashes Recovery Certificate Against Guarantor in Cooperative Bank Loan Fraud Case — Violation of Natural Justice. Failure to Provide Documents and Pass Reasoned Order Renders Recovery Proceedings Invalid Under Maharashtra Cooperative Societies Act, 1960.

The petitioner, Tarulata Amritlal Bava, filed a writ petition under Articles 226 and 227 of the Constitution challenging a Recovery Certificate dated ...

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Bombay High Court Allows Petition of Retired Employee in Excess Payment Recovery Case — Recovery from Pension Without Hearing Violates Natural Justice. Recovery of Rs.1,35,513/- from pension quashed as no opportunity of hearing was given before ordering recovery.

The petitioner, Dattatraya s/o Kalu Patil, was appointed as Extension Officer Statistics by the respondent no.5 on 19.10.1994. He was granted higher p...