Search Results for "Forfeiture clause"

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Search Results for "Forfeiture clause"

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High Court

Bombay High Court Dismisses Bank's Petition Challenging Gratuity Payment to Terminated Employee. Forfeiture of Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Requires Loss of Property or Moral Turpitude, Not Mere Misconduct.

7 Jul 2026

The petitioner, The Jalgaon District Central Co-operative Bank Limited, challenged an order dated 09.10.2024 passed by the Appellate Authority/Industr...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Denial of Pensionary Benefits Due to Forfeiture of Past Service for Unauthorized Absence. Past Service Forfeiture Under Rule 27 of CCS (Pension) Rules, 1972 and Penalty of Compulsory Retirement Not Challenged, Hence Entitlement to Pension Cannot Be Claimed.

12 Sep 2024

The petitioner, a government servant, was appointed as a Peon in 1996 and later promoted to Assistant. He absented himself from duty from 02.05.2012. ...

Supreme Court

Supreme Court Dismisses State's Appeal in Lease Termination Case Due to Procedural Non-Compliance. Lease Termination Invalid as State Failed to Provide Notice and Opportunity to Remedy Default Under Clause 12 of Lease Deed, 1979, and Assignment to Partnership Firm Did Not Constitute Breach Under Clause 14.

3 Sep 2021

The dispute originated from the State of Kerala's termination of a lease agreement concerning 246.26 acres of forest land, initially auctioned in 1953...

Supreme Court

Supreme Court Appoints Arbitrator in International Commercial Arbitration Involving Sub-Lease Dispute — Holds That Lease Disputes Under Transfer of Property Act Are Arbitrable. The Court ruled that disputes arising from a sub-lease deed governed by the Transfer of Property Act, 1882 are arbitrable, and since the petitioner is a foreign national, the Supreme Court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

18 Dec 2020

The petitioner, Suresh Shah, a Kenyan national and habitual resident of Nairobi, Kenya, filed a petition under Section 11(5) of the Arbitration and Co...

High Court

Bombay High Court Allows Pension to Ayurvedic College Teachers Who Voluntarily Retired or Resigned After Qualifying Service. Employees of aided Ayurvedic, Unani, and Homeopathic educational institutions are entitled to pension and gratuity benefits under the Maharashtra Civil Services (Pension) Rules, 1982, read with the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

28 Feb 2019

The petitioners, five retired doctors and one other employee, were employed at various aided Ayurvedic, Unani, and Homeopathic educational institution...

Supreme Court

Supreme Court Allows Tenants' Appeal, Holds Landlord-Tenant Disputes Under Transfer of Property Act Non-Arbitrable. Dispute Arising from Lease Expiry by Efflux of Time Cannot Be Referred to Arbitration as the Subject-Matter Is Incapable of Arbitration Under Section 11(6A) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The appeal arose from a tenancy agreement dated 02.02.2006 between the appellants (tenants) and the respondent's predecessor-in-title for godowns and ...

High Court

Bombay High Court Allows Appeal for Refund of Earnest Money in Sale Agreement Dispute — Lower Appellate Court Erred in Denying Refund Without Evidence of Forfeiture Clause. The court held that in the absence of a forfeiture clause in the agreement, the defendant could not retain the earnest money paid by the plaintiff.

29 Jun 2017

The appellant, Jyoti Adsod, filed a suit for recovery of Rs.70,000 paid as earnest money to respondent no.1, Sindhubai Shende, under an agreement of s...

High Court

Bombay High Court Quashes Preventive Detention Order Under PITNDPS Act Due to Inordinate Delay in Execution — Detenu Surrendered Voluntarily After 17 Years, Detention Order Held Stale and Non-Operative. The court held that an unexplained delay of 17 years between the passing of a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and its execution renders the order stale and vitiates the subjective satisfaction of the detaining authority.

10 Oct 2012

The petitioner, Smt. Heena Kausar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking to set aside a preventive det...

High Court

Bombay High Court Partially Allows Challenge to SAFEMA Forfeiture Order — Agricultural Land Acquired Prior to Detention Exempt from Forfeiture. Property acquired before the 'illegal' period under Section 2(2)(b) of SAFEMA cannot be forfeited; appellate authority's order partly confirmed.

27 Feb 2012

The petitioner, Ranchhodbhai Bhagwanbhai Tandel (since deceased, through his legal heir Naresh Ranchhodbhai Tandel), filed a criminal writ petition un...

High Court

Bombay High Court Allows Writ Petition Against Licensing Authorities for Erroneous Licence Leading to 20 Years of Litigation. Petitioner Firm Penalised for Lapses of Licensing Authorities; Court Grants Relief Based on Fair Admission by Respondents.

7 Apr 2006

The petitioner, M/s. General Instruments Co., a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition in the Bomba...

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