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Supreme Court Upholds Assistant Professors' Promotion Under DACP Scheme Against Statutory Corporation's Recruitment Regulations. Promotion Governed by DACP Scheme as ESIC Regulations Issued Without Prior Central Government Approval Under Section 17(2)(a) of Employees' State Insurance Act, 1948.

The dispute arose from the promotion of Assistant Professors employed by the Employees' State Insurance Corporation (ESIC) to the post of Associate Pr...

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Bombay High Court Dismisses Writ Petition of Retired Medical Officer Challenging Denial of Pension After Conviction for Heinous Offences. Departmental Enquiry Initiated After Retirement Under Rule 27(2)(b)(i) of Maharashtra Civil Services (Pension) Rules, 1982 Upheld as Valid.

The petitioner, Dr. Santram s/o Mitharam Rathod, was a Medical Officer in the Public Health Department of Maharashtra, appointed on 7 June 1982. He wa...

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Supreme Court Upholds Pharmacy Council of India's Moratorium on New Pharmacy Colleges Under Pharmacy Act, 1948. Regulatory Power to Impose Moratorium Valid as Reasonable Restriction Under Article 19(6) to Prevent Mushrooming Growth and Unemployment.

The Supreme Court of India addressed appeals filed by the Pharmacy Council of India challenging judgments from the High Courts of Karnataka, Delhi, an...

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Bombay High Court Allows Cooperative Housing Society's Challenge to Labour Court and Gratuity Proceedings. Ex-Manager's Claims Under Section 33-C(2) of Industrial Disputes Act and Payment of Gratuity Act Dismissed as Society is Neither an 'Industry' Nor an 'Establishment'.

The Petitioner, Apsara Co-operative Housing Society Ltd., is a cooperative housing society registered under the Maharashtra Co-operative Societies Act...

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High Court of Karnataka Partly Allows Appeal by BMTC in Motor Accident Claim, Reduces Compensation Due to Multiplier Error. Tribunal's Use of Multiplier '18' for Deceased Aged 30 Years Held Incorrect; Proper Multiplier is '17' Under Sarla Verma Guidelines.

The appellant, Managing Director of Motor Claims Hub, BMTC, challenged the judgment and award dated 01.01.2022 passed by the XIV Additional Small Caus...

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Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

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Supreme Court Upholds Death Sentence of 26/11 Terrorist in Mumbai Attacks Case. Court Dismisses State's Appeal Against Acquittal of Co-Accused Due to Insufficient Evidence, Finding No Perversity in Trial Court's Decision.

The Supreme Court dealt with appeals arising from the 26/11 Mumbai terror attacks. The appellant, Mohammed Ajmal Kasab, a Pakistani national, was conv...