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High Court Dismisses State's Challenge to Tribunal Order Quashing Employee's Termination in Service Misconduct Case. Termination Vitiated Due to Violation of Natural Justice and Lack of Evidence Under Gujarat State Service Rules, with Employee Granted Pensionary Benefits but Denied Full Back Wages.

The dispute arose from the termination of a state government employee, who served as a Senior Clerk, on charges of corruption related to underpayment ...

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National Company Law Appellate Tribunal Allows Appeals by Appellant Creditor in IBC Case -- Sets Aside Orders Directing Appellant to Approach GIDC Appellate Authority and Remitting Resolution Plan -- Termination of Lease During Moratorium Held Invalid Under Section 14 of IBC

The National Company Law Appellate Tribunal (NCLAT) allowed two appeals filed by the Resolution Professional (RP) and the largest financial creditor o...

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High Court of Bombay Set Aside Patent Application Rejection Due to Procedural Lapses and Non-Consideration of Material Evidence. Detailed Scrutiny Ordered for Patent Application with Direction for Reassignment to a Different Officer.

a) Breach of natural justice due to lack of notice on critical objections. b) Misappreciation of documentary evidence, including the Deed of Assignmen...

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High Court of Bombay Quashes District Court Judgment, Restores Arbitration Challenge for Fresh Consideration on Grounds of Patent Illegality and Failure to Address Key Contentions. Arbitration Award Set Aside for Reconsideration Under Section 34 of the Arbitration and Conciliation Act, 1996

Scope of Section 34: The Court held that while the scope of interference under Section 34 is limited, the District Judge must consider specific chal...

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Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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Bombay High Court Set Aside the Debt Recovery Appellate Tribunal’s (DRAT) Order — Directs DRAT to Decide Appeals on Merits. Revisiting the Scope of Appellate Authority and Jurisdiction — Emphasis on Avoiding Routine Remands — Upholding Judicial Efficiency and Finality of Decisions

The DRAT, as an appellate authority, has the duty to decide all issues based on the material available on record. Routine and unjustified remands del...

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Supreme Court Set Aside High Court Bail Order for Non-Compliance with Section 45 of Prevention of Money Laundering Act, 2002 (PMLA) – Appeal Allowed – Matter Remanded for Fresh Consideration.

Supreme Court Held That Bail Under PMLA Requires Mandatory Compliance with Twin Conditions Under Section 45 – High Court Order Granting Bail Set Asi...

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Revision Against Auditor’s Re-Audit Report Not Maintainable Under Section 154 of Maharashtra Co-operative Societies Act, 1960. Auditor’s Findings in Re-Audit Report Do Not Constitute a ‘Decision’ or ‘Order’ – Administrative Orders Not Revisable Under Section 154

MCS Act: Section 81 – Deals with audit, test audit, re-audit, and submission of specific and special reports by auditors. MCS Act: Section 154 �...