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Bombay High Court Quashes Recovery of Alleged Overpayment from Widow of Deceased Employee. Recovery of Excess Pay Fixation Amount from Retiral Benefits of Deceased Employee Without Notice During Lifetime Is Unjust and Cannot Be Sustained.

The petitioner, Smt. Ujwala Thakre, widow of Rupchand Thakre, filed a writ petition challenging communications dated 08/04/2015 and 16/04/2015 issued ...

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High Court of Bombay Hears Appeal Against ESI Court Order Holding Lessor as Principal Employer for ESI Dues. Dispute Involves Whether Lessor Liable Under Section 93-A of Employee's State Insurance Act, 1948 for Dues of Lessee's Employees.

The appeal arose from the dismissal of an application by the Employee State Insurance Court, Nagpur, which upheld the recovery proceedings initiated b...

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Karnataka High Court Reserves Decision on Quashing of Multiple FIRs in Real Estate Dispute; Developers Contend Breach of Contract, Not Cheating. Court Examines Whether Civil Dispute Can Attract Criminal Liability Under Sections 406 and 420 of Indian Penal Code, 1860.

The Karnataka High Court heard a batch of criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of mult...

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Bombay High Court Allows Writ Petition for Pensionary Benefits of Retired Lecturer Under Maharashtra Pension Rules. Petitioner entitled to regular pension, gratuity, commutation, and leave encashment with interest for 30 years 1 month of service in aided colleges.

The petitioner, Dr. (Mrs.) Parvathi Venkatesh, a retired lecturer aged about 60 years, filed a writ petition under Article 226 of the Constitution of ...

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High Court of Karnataka Adjudicates Writ Petition Challenging Rejection of Nil TDS Certificate Under Section 195(2) of Income Tax Act. Assessment of Whether Reimbursement of Seconded Employees' Salaries Constitutes Fee for Technical Services Under India-US Double Taxation Avoidance Agreement.

The petition impugned the order of the Deputy Commissioner of Income Tax (International Taxation) rejecting the application for a Nil TDS certificate ...

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Bombay High Court Dismisses Part-Time Teacher's Pension Claim in Night Junior College Case. Teacher's 29 years of part-time service in a night junior college does not qualify as full-time service under MEPS Rules for pension eligibility.

The petitioner, Mrs. Rajani Rajan Dixit, a retired teacher, filed a writ petition under Article 226 of the Constitution of India seeking a direction t...

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Bombay High Court Allows Writ Petition for Gratuity Payment Despite Departmental Enquiry — Forfeiture of Gratuity Requires Specific Finding of Quantified Loss. Employer Cannot Forfeit Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Without Specific Charge and Finding of Quantified Loss.

The petitioner, Vinod Vinayak Jinturkar, a former employee of the Maharashtra Small Scale Industries Development Corporation (respondent no.2), filed ...

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Bombay High Court Enhances Compensation in Motor Accident Claim, Holds Deceased on Fixed Salary Entitled to 40% Future Prospects. Conveyance Allowance Excluded from Income, and Minor Siblings Not Treated as Dependents, Resulting in 50% Deduction for Personal Expenses.

The appeal arose from a motor accident claim where the claimants—the parents and minor siblings of the deceased Gajanan—sought enhancement of comp...