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Seniority and Back Wages in Delayed Appointments: High Court Rules on Deemed Date of Appointment for Postal Employees. Bombay High Court Grants Deemed Date of Appointment to Postal Employees, Denies Back Wages to Some Petitioners

Deemed Date of Appointment – Petitioners, who were selected in the same recruitment process but appointed later due to administrative delays, were ...

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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Recovery Suit — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Suit for Recovery of Money — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder and Robbery Case Due to Unreliable Circumstantial Evidence. Chain of Circumstances Not Complete to Prove Guilt Beyond Reasonable Doubt Under Sections 302 and 392 read with Section 34 of IPC.

The State of Maharashtra appealed against the judgment of the 2nd Additional Sessions Judge, Sawantwadi dated 24 January 1997 acquitting the responden...

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Bombay High Court Dismisses Winding Up Petition for Time-Barred Debt Under Companies Act, 1956. Claim for Goods Supplied in 2006-2007 Held Barred by Limitation as Petition Filed Beyond Three Years from Last Payment in 2011.

The petitioner, Nasir Amin Hungund, filed a winding up petition under Section 433(e) of the Companies Act, 1956 against M/s. Glasspaane Aluminium (I) ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Criminal Breach of Trust Case — Prosecution Failed to Prove Misappropriation Beyond Reasonable Doubt Under Section 409 IPC Due to Lack of Material Witnesses and Inconsistent Evidence.

The State of Maharashtra appealed against the acquittal of the respondent, Mrs. Mandabai Ashok Sawant, who was charged under Section 409 of the Indian...

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Bombay High Court Dismisses Revision Against Conviction Under Section 138 N.I. Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove Cheques Were Issued as Security, Leading to Confirmation of Sentence of Simple Imprisonment and Compensation.

The applicant, Rekha Mahindra Shah, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of three cheques totaling Rs...

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Bombay High Court Allows Tenant's Petition in Eviction Suit Over Rent Default — Notice of Demand Not Proved. Education Cess Not Payable Monthly Under Maharashtra Education (Cess) Act, 1962, Hence Section 12(3)(a) of Bombay Rents, Hotel and Lodging Rates (Control) Act, 1947 Not Attracted.

The case involves a landlord's suit for eviction of tenants from two rooms in Mumbai on the ground of default in payment of rent. The landlord issued ...