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Supreme Court Allows Appeals of Temporary AEEs in Panchayat Raj Department — Quashes High Court Order Striking Down Regularization G.O.M. No. 262. Seniority of Pre-1994 Appointees Must Be Counted from Initial Appointment Date, Not Below Later Recruits.

The case involves appeals by temporary Assistant Executive Engineers (AEEs) appointed between 1990-1992 in the Panchayat Raj Department of Andhra Prad...

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Supreme Court Allows Appeals in Service Law Seniority Dispute, Overturning High Court Reliance on Per Incuriam Precedent. Seniority of Assistant Engineers Must Be Counted from Date of Regularization Under Uttar Pradesh Regularisation Rules, 1979 and 1989 Rules, Not from Initial Ad Hoc Appointments.

The Supreme Court of India, in a civil appellate jurisdiction, addressed a group of appeals concerning the seniority determination of Assistant Engine...

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Bombay High Court Dismisses Petitions Challenging Transfer of Assistant Professors from Autonomous College. Government retains administrative control over employees recruited before grant of autonomy, and transfer order is not ultra vires.

The petitioners, Assistant Professors, were recruited by the State Government before their college became autonomous. Subsequently, the government tra...

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Bombay High Court Dismisses Petition Challenging Charity Commissioner's Directions for Trust Administration. Directions for enrollment of new members and conduct of elections under Section 41D of Bombay Public Trusts Act, 1950 upheld as valid.

The petitioner, Shri Panjabrao Mohanji Phalke, filed a writ petition challenging the order dated 3-9-2003 passed by the Joint Charity Commissioner, Na...

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Bombay High Court Dismisses Writ Petition Challenging Caste Certificate Invalidation as Not Maintainable Before Division Bench. Preliminary objection upheld that matters under Act 23 of 2001 must be heard by Single Judge as per Chapter XVII Rule 18(3) of Bombay High Court Appellate Side Rules, 1960.

The petitioner, Nilofarnaz w/o Nazkatkhan, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court ...

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Bombay High Court Allows Writ Petition Challenging Industrial Tribunal Order in Unfair Labour Practice Case. Daily Wage Workers Entitled to Regularization After Completing 240 Days of Continuous Service Under Industrial Disputes Act, 1947.

The petitioners, originally 25 daily wage workers employed by the Dhule Zilla Parishad, filed a complaint before the Industrial Tribunal, Dhule, alleg...

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Bombay High Court Dismisses Petitioner's Claim for Seniority in CGHS Promotion Dispute. Seniority Determined by Date of Regular Appointment, Not Ad Hoc Promotion, Under Central Civil Services Rules.

The petitioner, Arjun Sopan Gaikwad, was appointed as a Lower Division Clerk on 16 October 1978 and promoted to Upper Division Clerk on 9 April 1984. ...

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Bombay High Court Allows Revenue Appeal in Capital Gains Tax Case — Land Sold by Non-Resident Indians Held Not Agricultural Land. Land Adjacent to Five-Star Hotels with Barren Nature and High Sale Price Indicates Non-Agricultural Character Under Section 2(14) of Income Tax Act, 1961.

The case involves two appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribu...

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High Court of Bombay at Goa Allows Revenue Appeal in Capital Gains Tax Case — Land Sold to Resort Held Non-Agricultural. Land Adjacent to Five-Star Hotels with High Sale Price and Lack of Systematic Cultivation Indicates Non-Agricultural Character Under Income Tax Act, 1961.

The Revenue filed appeals under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal which had upheld the C...