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Madras High Court Upholds Sections 74 and 75(1) of Tamil Nadu Cooperative Societies Act, 1983 and Common Cadre Service Rules for Cooperative Societies. The Court held that the impugned provisions and rules are constitutionally valid and do not violate Article 19(1)(c) or Article 43B of the Constitution.

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India challenging the constitutional validity of Sections 74 a...

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Gujarat High Court Dismisses Employee's Petition Challenging Labour Court's Rejection of Reinstatement Claim in Industrial Dispute. Employee Failed to Prove Unfair Labour Practice and Oral Termination Under Industrial Disputes Act, 1947.

The petitioner, Babu Raghu Ghatil, was employed as a Helper with M/s Add Pen Limited (respondent No.1) from 01.04.1987. He alleged that the management...

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High Court of Karnataka Reduces Compensation in Land Acquisition Appeal — State Partly Successful. Court holds that Reference Court's reliance on non-comparable exemplar sale deeds was erroneous, reducing market value from Rs.3,00,000/- to Rs.2,25,000/- per acre under Land Acquisition Act, 1894.

The State of Karnataka and other appellants filed an appeal under Section 54(1) of the Land Acquisition Act, 1894 against the Judgment and Award dated...

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Bombay High Court Dismisses Retired Teacher's Petition Challenging Regularization of Suspension Period as Suspension Only in Disciplinary Proceeding. Charges Partly Proved in Departmental Enquiry Despite Acquittal in Criminal Case, Suspension Period Cannot Be Treated as Duty Period.

The petitioner, a retired teacher, challenged the order of the Additional Commissioner, Amravati, which dismissed his appeal and treated the period of...

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Bombay High Court Dismisses Petitions Challenging Reduction of Superannuation Age from 60 to 58 for Employees of Government Mining Corporation. State as Sole Shareholder Can Amend Service Rules Unilaterally Without Employee Consent.

The petitioners, employees of Maharashtra State Mining Corporation Ltd. (a Government company), challenged the State Government's decision to reduce t...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty Under Section 9(1)(vi) of Income Tax Act, 1961. Payment for shrink-wrapped software held to be for copyright article, not transfer of copyright rights, thus not taxable as royalty.

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax (TDS)) against the common order o...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty. Payment for purchase of shrink-wrapped software from non-resident held not royalty under Section 9(1)(vi) of Income Tax Act, 1961, as no copyright transferred.

The case involves two appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the common order of the Income Tax Appella...

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Bombay High Court Quashes Stigmatic Termination of Temporary Employee Without Enquiry — Violation of Natural Justice. Termination order set aside as it contained allegations of misconduct and was passed without any opportunity of hearing or departmental enquiry.

The petitioner, Vishwanath Dnyanoba Kirade, was appointed as a Clerk on 24.7.2006 by the first respondent, Nav Akanksha Mahila Mandal, which runs the ...

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Bombay High Court Dismisses Petition Challenging Compulsory Retirement in Service Dispute — Upholds Disciplinary Authority's Order Based on Enquiry Findings. Labour Court's Rejection of Complaint Under MRTU & PULP Act, 1971 Upheld as No Perversity or Disproportionality Established.

The petitioner, Dhanraj s/o Nankuprasad Gupta, was employed with the Public Works Department, Maharashtra, from 27 December 1972 until his compulsory ...