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Bombay High Court Allows Petition of Retired Employee in Excess Payment Recovery Case — Recovery from Pension Without Hearing Violates Natural Justice. Recovery of Rs.1,35,513/- from pension quashed as no opportunity of hearing was given before ordering recovery.

The petitioner, Dattatraya s/o Kalu Patil, was appointed as Extension Officer Statistics by the respondent no.5 on 19.10.1994. He was granted higher p...

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Bombay High Court Quashes Recovery Order Against Retired Employee in Excess Payment Case — Recovery from Pension Without Opportunity of Hearing Violates Natural Justice. Recovery of Rs.1,35,513/- from pension of retired Extension Officer set aside for non-compliance with principles of natural justice.

The petitioner, Dattatraya s/o Kalu Patil, was appointed as Extension Officer (Statistics) by the Zilla Parishad, Jalgaon on 19.10.1994. He was grante...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Allows Discharge of Accused in Cheating and Rape Case Due to Consensual Relationship and Lack of Deception from Inception. Promise to Marry Not Fulfilled Does Not Constitute Rape or Cheating When Relationship Was Consensual and Prosecutrix Was Aware of Accused's Marital Status.

The petitioner, Siddharth Narendra Banthia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 3rd Septem...

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Supreme Court Allows Appeals by States of Karnataka and Kerala in Lottery Tax Dispute — State Legislatures Have Competence to Tax Lotteries Under Entry 62 List II. Regulatory Entry 40 List I Does Not Bar State Taxation of Lotteries Organised by Other States.

The Supreme Court considered appeals by the States of Karnataka and Kerala against judgments of their respective High Courts which had struck down sta...

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Bombay High Court at Goa Upholds Life Imprisonment for Kidnapping and Attempt to Murder in POCSO Case — Conviction Based on Testimony of Minor Victim and Medical Evidence

The judgment arises from three appeals against the conviction and sentence of Osban Fernandes (A.1) and Ramesh Bagve (A.2) by the Children's Court at ...

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Supreme Court Allows State's Appeal in Pension Dispute with Institute Employees — State Not Liable for Pension Payments Under Institute's Self-Funded Scheme. Board Resolution Explicitly Stated No Separate Grant Would Be Sought from Government for Retirement Benefits.

The present appeal arises from a dispute between the State of Bihar and employees of the Anugraha Narayan Sinha Institute of Social Studies, Patna, re...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and possession dismissed as plaintiff failed to prove title and possession.

The case involves a property dispute between Mahaboob Bi (appellant) and the legal representatives of Sharfunnisa (respondents). The appellant filed a...