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Supreme Court Allows Appeal of Zila Parishad in Regularization Case — Contractual Driver Not Entitled to Permanency Despite Long Service. Initial Appointment Was Temporary and Stopgap, No Right to Regularization Arises from Continued Engagement on Contractual Basis.

The Supreme Court allowed the appeal filed by the Chief Executive Officer, Zila Parishad, Thane, against the judgment of the Bombay High Court which h...

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Bombay High Court Dismisses Insurance Company's Appeal in Workmen's Compensation Case. Employer-Employee Relationship Upheld Despite Contrary Labour Court Award as Proceedings Under Different Statutes Not Binding.

The appeal was filed by the United India Insurance Company under Section 30 of the Employees Compensation Act, 1923 against the order of the Commissio...

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Bombay High Court Quashes Dismissal of Assistant Teacher in M.E.P.S. Act Case — School Tribunal's Approach Misdirected. Appointment as Physical Training Instructor Valid as Petitioner Possessed Requisite Qualification.

The petitioner, Prakash Shalikram Kadu, was employed as an Assistant Teacher at Gajanan High School, Adasa, run by Gandhi Shikshan Sanstha. He was dis...

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Bombay High Court Allows Writ Petition by Educational Institutions Against School Tribunal Order — Held That Tribunal Erred in Granting Back Wages Without Considering Section 5 of MEPS Act. Reinstatement with Continuity Upheld but Back Wages Denied as Teacher Was Not Ready to Join Duty.

The petitioners, Hareshwar Shikshan Prasarak Mandal and Shree Malveer Vidyamandir, filed a writ petition challenging the order of the School Tribunal,...

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High Court of Bombay at Goa Allows Revenue Appeal in Capital Gains Tax Case — Land Held Not Agricultural Despite Plantation. Sale of Land Adjacent to Five-Star Hotels at High Price Indicates Non-Agricultural Character Under Section 2(14) of Income Tax Act, 1961.

The case involves two appeals filed by the Commissioner of Income Tax (Revenue) against the assessees, husband and wife, who sold their ancestral prop...

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Bombay High Court Allows Revenue Appeal in Capital Gains Tax Case — Land Sold to Resort Held Not Agricultural Land. Land adjacent to five-star hotels with high sale price and lack of systematic cultivation fails to qualify as agricultural land under Income Tax Act, 1961.

The case involves two appeals filed by the Commissioner of Income Tax (Revenue) against the assessees, Minguel Chandra Pais and Maria Leila Tovar Furt...