Search Results for "retrospective recovery"

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Supreme Court Allows Appeal of Retired Employees Against Recovery Orders in Service Law Case Due to Lack of Hearing and Erroneous Employer Interpretation. Recovery of Excess Payments After Retirement Held Illegal as No Misrepresentation by Employees and Based on Equity Principles to Prevent Hardship.

The dispute involved retired stenographers who had been granted financial benefits in 2017 based on the Shetty Commission recommendations, which were ...

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Supreme Court Dismisses Port Trust's Appeal in Licence Fee Recovery Case Due to Limitation Bar. Recovery Proceedings Under Public Premises Act, 1971 Held Time-Barred as Cause of Action Arose in 2010 and Proceedings Initiated in 2015 Exceed Three-Year Limit Under Limitation Act, 1963.

The dispute arose from the New Mangalore Port Trust (NMPT) allotting land to licensees for loading and unloading goods, with licence fees subject to r...

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Bombay High Court Allows Assessee's Appeals on Cenvat Credit for Inputs Used in Exempted Goods, Partially Allows Revenue's Appeals on Education Cess. Tractors are exempted goods despite education cess, but separate accounts are required under Rule 6 of Cenvat Credit Rules, 2004.

The judgment concerns multiple appeals filed by M/s. Mahindra & Mahindra Ltd. (Assessee) and the Commissioner of Central Excise (Revenue) against a co...

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Bombay High Court Dismisses Revision in Eviction Suit Between Sisters — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Ownership of Suit Property Vested in Plaintiff as Title Holder, and Defendants Failed to Prove Benami Transaction or License.

The case involves a dispute between two sisters over a residential property in Mumbai. The plaintiff, Vishala Bokapatna Laxman, filed a suit for evict...

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Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

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Supreme Court Dismisses Union of India's Appeal in IMTRAT Allowance Parity Case. High Court's Clarification on Parity Between Bhutan Compensatory Allowance and Foreign Allowance Upheld as Within Scope of Original Order.

The case involves a dispute over compensatory allowances payable to Indian Military Training Team (IMTRAT) personnel posted in Bhutan. The IMTRAT pers...

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Bombay High Court Allows Petitions Challenging Recovery from Gratuity of Retired Class III and IV Employees. Recovery of excess payment made due to wrong pay fixation without fault of employee is impermissible after retirement.

The judgment concerns two writ petitions filed by retired Auxiliary Nurse Midwives (ANMs) employed with Zilla Parishad, Aurangabad. The petitioners, J...