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High Court of Karnataka Allows Writ Petition for PL Encashment Despite Dismissal — Penalty of Dismissal Does Not Forfeit Privilege Leave Encashment Unless Service Rules Expressly Provide. Leave encashment is a vested right and not forfeited by dismissal in the absence of express rule.

The petitioner, G. Linganagouda, a former Assistant Manager of Pragathi Krishna Gramina Bank (now Karnataka Gramina Bank), was dismissed from service ...

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Supreme Court Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...

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Supreme Court Partially Upholds Section 10(26AAA) of Income Tax Act, 1961 in Sikkim Tax Exemption Challenge. Gender-Based Proviso Denying Exemption to Sikkimese Women Marrying Non-Sikkimese Struck Down as Unconstitutional.

The judgment concerns a writ petition under Article 32 challenging the constitutional validity of Section 10(26AAA) of the Income Tax Act, 1961, which...

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Bombay High Court Upholds Copyright Injunction Against Music Streaming Service in Interpretation of Section 31D of Copyright Act, 1957. The court held that a statutory license under Section 31D for radio broadcasting does not extend to internet streaming services like Wynk Music.

The case involves two appeals by Wynk Ltd and Bharti Airtel Ltd (defendants) against an order of the Bombay High Court (SJ Kathawalla J) dated 23rd Ap...

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Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

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Bombay High Court Dismisses Teacher's Petition Seeking Retrospective Selection Grade Benefits — Failure to Prove Continuous Service from 1980 to 1984. Service Book Showing Appointment from 1984 Not Displaced by Evidence.

The petitioner, a teacher, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents to count his se...

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Bombay High Court Dismisses Writ Petition of Temporary Lecturers Challenging Termination — Ad Hoc Appointments Made Without Following Recruitment Rules Do Not Confer Right to Regularisation or Reinstatement.

The case involves a writ petition filed by 25 individuals who were appointed as temporary lecturers on ad hoc basis at Government Polytechnic College,...