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High Court of Karnataka Dismisses Writ Petition Seeking Mandamus for Release of Contractual Payment Due to Disputed Facts. Court holds that disputed questions of fact regarding work completion and measurement cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution of India.

The petitioner, M/s. GVPR Engineers Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction in the nat...

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Supreme Court Allows Direct Recruit District Judge's Claim for Seniority Over Promotees in Kerala Higher Judicial Service. Notional Seniority Granted from Date of Initial Appointment of Other Direct Recruits in Same Selection.

The case involves a dispute over seniority between direct recruit District Judges and promotees appointed by transfer in the Kerala Higher Judicial Se...

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Bombay High Court Allows Writ Petition of Retired Teacher Challenging Recovery of Gratuity and Salary. Recovery of Excess Payment from Class III Employee After Retirement Held Impermissible Under Principles of State of Punjab v. Rafiq Masih.

The petitioner, Laxman Sitaram Idde, was appointed as an Assistant Teacher in a Zilla Parishad Primary School on 20 January 1986. He was a District Aw...

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Bombay High Court Dismisses MMRDA's Challenge to Arbitral Award in Powai Land Development Dispute. Court upholds arbitrator's interpretation of tripartite agreement regarding lease premium and development charges under the Arbitration and Conciliation Act, 1996.

The case involves an arbitration petition filed by Mumbai Metropolitan Region Development Authority (MMRDA) and the State of Maharashtra under Section...

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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deemed 'Passenger' Under Railways Act Despite Free Pass. Free travel pass issued by Railway Recruitment Board constitutes valid ticket for 'untoward incident' compensation under Section 124A of Railways Act, 1989.

The appellant, Smt. Vaishali wd/o Nitesh Bhalerao, filed a claim for compensation of Rs. 7 lakhs before the Railway Claims Tribunal, Nagpur Bench, fol...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Interim Relief in Property Suit — No Prima Facie Case for Return of Title Documents Pending Trial. Agreement for Sale Not Registered and Possession Not Delivered; Trial Court's Discretion Upheld Under Article 227.

The petitioners, as plaintiffs, filed Special Civil Suit No.660 of 2014 against the respondents seeking (i) direction to the bank (defendant no.2) to ...

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Bombay High Court Dismisses Revenue's Appeal in Central Excise Refund Case. Principles of Unjust Enrichment Under Section 11B of Central Excise Act, 1944 Not Applicable to Refund Arising on Finalisation of Provisional Assessment.

The Commissioner of Central Excise, Mumbai II appealed against the order of the appellate authorities below which allowed the refund claim of M/s. Sta...