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Supreme Court Allows Appeal of Employee Retired Prematurely Based on Deemed Age — Resolution Cannot Override Service Rules. The Court held that the Board's resolution deeming age as 18 on appointment date could not reduce the actual retirement age under Rule 73 of the Bihar Service Code.

The appellant, Gopal Prasad, was appointed as Calligraphist-cum-Assistant of the Bihar School Examination Board on 20 May 1970 at about 15½ years of ...

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High Court of Karnataka Quashes Transfer Order of Assistant Executive Engineer in KPTCL Due to Non-Compliance with Transfer Policy and Lack of Prior Notice. Transfer of employee from Ballari to Raichur set aside as it violated the KPTCL Transfer Policy requiring minimum tenure and prior notice.

The petitioner, Sri Mallikarjun Gouda G.N., an Assistant Executive Engineer (V) in the Karnataka Power Transmission Corporation Limited (KPTCL), chall...

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High Court of Karnataka Adjudicates Batch of Petitions Challenging Forest Development Tax Notification on Mining Leases; Examines Legislative Competence under Karnataka Forest Act and Forest (Conservation) Act.

A batch of writ petitions was filed before the High Court of Karnataka challenging the validity of Notification No. FEE/23/2007-08 dated 16.08.2008 is...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Property Dispute. Court holds that Order 7 Rule 11(d) CPC requires the plaint to be read as a whole and the defence cannot be considered for deciding whether the suit is barred by law.

The petitioners, original defendants, filed a Civil Revision Application under Section 115 CPC challenging the order dated 26.04.2011 passed by the Ci...

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Bombay High Court Dismisses Appeal Against Refusal of Interim Stay in No Confidence Motion Case — No Fresh Motion Barred Under Section 35(3-A) of Bombay Village Panchayats Act, 1958 as First Motion Was Not Moved or Carried.

The appellant, Tatyasaheb Ramchandra Kale, was elected Sarpanch of Theur village panchayat in 2010. On 5 October 2011, a no confidence motion was init...

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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

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High Court of Karnataka Examines Validity of Notification Imposing Forest Development Tax under Karnataka Forest Act, 1963 — Multiple Mining Companies Challenge the Levy as Ultra Vires the Constitution and Forest Laws.

The matter involved a batch of writ petitions filed before the High Court of Karnataka by various mining companies, individuals, and an industry assoc...