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Gujarat High Court Dismisses Letters Patent Appeal in Service Matter — Res Judicata Applies to Claim for Salary for Period Prior to Joining. Claim for salary from 08.08.2005 to 01.07.2008 held barred by res judicata as the issue was not raised in earlier proceedings despite opportunity.

The appellant, Navnit Champaklal Vora, a retired Clerk from the Employment and Training Department, was declared surplus on 08.08.2005 and directed to...

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High Court of Karnataka Directs Refund of Forfeited Auction Amount in SARFAESI Sale Due to Bank's Failure to Issue Sale Certificate. Bank's Failure to Perform Reciprocal Promise Discharges Bidder from Obligation to Pay Balance.

The petitioner, Sri Kalyanamurthy K., participated in an e-auction conducted by the State Bank of India (respondent) for the sale of an immovable prop...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case on Disallowance Under Section 14A and TP Adjustment on Guarantee Commission. ITAT's Restriction of Disallowance to Rs.1,00,000/- and Deletion of TP Addition Upheld as No Substantial Question of Law Arises.

The case pertains to an appeal filed by the Commissioner of Income Tax, Mumbai (the revenue) against the order of the Income Tax Appellate Tribunal (I...

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Bombay High Court Dismisses Suit for Declaration of Trust and Accounts Against Bank in Palm Oil Import Dispute. Consent Decree in Prior Suit Bars Plaintiff from Claiming Sale Proceeds as Trust Property.

The plaintiffs, Bajranglal Anilkumar Jaju and Hitesh Anilkumar Jaju, filed Suit No. 824 of 1980 against The Vyasya Bank Ltd. seeking a declaration tha...

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High Court of Karnataka Allows University's Revision Petitions in VAT Dispute — Supply of Textbooks and Uniforms to Students Not Taxable as 'Sale'. Educational Institution Providing Essential Items to Students as Part of Education Is Not a Dealer Under KVAT Act, 2003.

The case involves sales tax revision petitions filed by Manipal University under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act). ...

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Bombay High Court Dismisses Appeal Seeking Permanent Stay of Winding Up of Svadeshi Mills Company Limited. Section 466 of Companies Act, 1956 does not permit stay of winding up after assets have been sold and substantial progress made in liquidation.

The case concerns an appeal against the dismissal of a company application under Section 466 of the Companies Act, 1956, seeking a permanent stay of t...

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Bombay High Court Dismisses Management's Petition Challenging Industrial Tribunal Award in Retrenchment Dispute. Retrenchment of 12 Liftmen Held Illegal as Management Failed to Prove Abandonment of Service and Compliance with Industrial Disputes Act, 1947.

The petitioner, Welcomgroup Searock, which manages the Searock Hotel in Bandra, Mumbai, challenged an award of the Industrial Tribunal dated 15th Febr...

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Bombay High Court Allows Writ Petitions Challenging Termination of Vocational Instructors in Maharashtra. Termination of Shikshan Sevaks (Vocational Instructors) prior to completion of three-year probation period held illegal and violative of principles of natural justice.

The judgment concerns four writ petitions filed by vocational instructors (Shikshan Sevaks) challenging their termination from service by the Shri Shi...