Search Results for "Section 30(1)"

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High Court of Karnataka Allows Petition of Librarian in Private Aided College — Quashes Fresh Recruitment Notification Due to Continuous Service and Acquired Higher Qualifications. Petitioner's Appointment Since 2004 and Subsequent M.Phil and Ph.D. Degrees Render Impugned Notification Unjustified.

The petitioner, Smt. Nirmala Hiremath, was appointed as a Librarian in the fifth respondent college, run by the fourth respondent society, on 19.07.20...

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Bombay High Court Acquits Accused in POCSO Case Due to Inordinate Delay and Lack of Corroboration. Conviction under Sections 4(2) and 8 of POCSO Act and Sections 376(2)(i), 363, 354-A IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Umesh Sanghele, was convicted by the Additional Sessions Judge, Akola, for offences under the Protection of Children from Sexual Offenc...

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Bombay High Court Quashes Acquisition Order Under MHADA Act Due to Non-Compliance and Delay. Land Acquisition Proposal Sanctioned in 2006 Set Aside as Authority Failed to Complete Acquisition Within Reasonable Period, Rendering the Order Unenforceable.

The petitioners, H.I.M.S. Botawala Charities (a public charitable trust) and another, filed a writ petition under Article 226 of the Constitution of I...

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Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

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Bombay High Court Quashes Collector's Instructions Prohibiting Transportation of Ready Mix Plaster from Gujarat to Maharashtra. Instructions Based on Gujarat Notification for Sand Held Inapplicable to Ready Mix Plaster, Violating Article 301 of Constitution.

The petitioners, Dipak Logistics and Forwarders and Shiv Enterprise, challenged instructions issued by the Collector, Palghar (Respondent No.2) prohib...

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Bombay High Court Dismisses Appeal by Acquiring Body in Land Acquisition Compensation Case — Enhances Compensation for Claimants. Market value of acquired land determined based on comparable sale instances and potential for development under Land Acquisition Act, 1894.

The appeal arises out of a judgment in Land Acquisition Reference No. 05/1999, where the learned Single Judge enhanced the compensation awarded by the...

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Bombay High Court Dismisses Challenge to Slum Acquisition Proceedings Based on Adverse Possession Claim. Petitioners' claim of adverse possession not established; acquisition under Maharashtra Slum Areas Act upheld.

The petitioners, claiming adverse possession, challenged the acquisition proceedings under the Maharashtra Slum Areas (Improvement, Clearance and Rede...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Evidence of Debt or Liability. Dispute over loan repayment fails as complainant's own documents contradict the alleged loan transaction under Section 138 of Negotiable Instruments Act, 1881.

The case involves two connected writ petitions arising from a dispute over cheque dishonour. The petitioners in WP No. 1284 of 2013 are Sham Ganpat Ch...