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Supreme Court Allows Appeals in Adverse Possession Case — Khasra Entries Found Suspicious and Fraudulent. High Court's Reversal of First Appellate Court's Findings Set Aside as Perverse and Without Considering Evidence of Fraud.

The Supreme Court allowed two civil appeals arising from a dispute over adverse possession of agricultural lands in Village Purani Chhabani, Guna, Mad...

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Bombay High Court Allows Deemed Promotion to Retired Employee Despite Disciplinary Proceedings — Employer Cannot Ignore Exoneration by Enquiry Officer. Stigmatic remarks in disagreement order set aside as promotion cannot be denied when employee is exonerated of all charges.

The petitioner, Rajendra S/o Baburao Patil, a retired employee of Zilla Parishad, Jalgaon, filed a writ petition seeking deemed date of promotion to t...

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Bombay High Court Upholds Minor Penalty on Government Employee in Disciplinary Proceeding for Unauthorized Absence. Withholding of One Increment for Two Years Held Proportional Under Rule 11(iv) of CCS (CCA) Rules, 1965.

The petitioner, Mr. Hanamatrao M. Kulkarni, was a Junior Engineer (Electrical) in the Electricity Department, Government of Goa, recruited in 1983. He...

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High Court of Bombay Upholds Employer's Forfeiture of Gratuity for Employee Convicted of Theft Involving Moral Turpitude. Theft by Bank Employee Constitutes Moral Turpitude Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972, Justifying Forfeiture of Gratuity.

The petitioners, officials of the Bank of Maharashtra, challenged the order of the Appellate Authority under the Payment of Gratuity Act, 1972, which ...

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Bombay High Court Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Prosecution Fails to Prove Seizure Beyond Reasonable Doubt. Recovery of Foreign Marked Gold Bars from Accused Not Established Due to Lack of Independent Panch Witnesses and Contradictions in Evidence.

The case pertains to an appeal filed by the Union of India through the Assistant Collector of Customs against an order of acquittal dated 4-10-2001 pa...

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Bombay High Court Upholds Acquittal in SC/ST Act Case Due to Lack of Intent to Humiliate and Absence of Public View. Caste-Based Insult Allegation Fails as Prosecution Did Not Prove Intent to Humiliate Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The State of Maharashtra appealed against the acquittal of five respondents (original accused) by the 1st Adhoc Assistant Sessions Judge, Baramati, fo...