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High Court of Karnataka Adjudicates Writ Petition Challenging Disqualification Under Anti-Defection Law. Court's Analysis on Whether Absence from Meeting Amounts to Voluntarily Giving Up Membership Insufficiently Provided in Text.

The petitioner, a member of the Koratagere Town Panchayat elected under a Janatha Dal (Secular) ticket, filed this writ petition under Articles 226 an...

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Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...

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Supreme Court Allows Bank's Appeal, Upholds Liquidated Damages Clause in Employment Contract. Clause requiring employee to pay Rs. 2 lakhs for resigning before three years held valid under Section 27 of Indian Contract Act, 1872, and not opposed to public policy.

The Supreme Court allowed the appeals filed by Vijaya Bank and another against the judgment of the High Court of Karnataka which had quashed clause 11...

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Bombay High Court Partially Allows Appeal Against Setting Aside of Arbitral Award in Development Dispute. Court Upholds Damages for Breach but Disallows Compound Interest.

The judgment arises from two arbitration appeals under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a common order dated 25th...

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Bombay High Court Dismisses Writ Petition Challenging Arbitral Tribunal's Jurisdictional Order as Not Maintainable. Remedy Lies Under Section 34 of Arbitration and Conciliation Act, 1996 After Final Award.

The petitioner, Tirupati Shopping Centre Premises Co-op. Society Limited, filed a writ petition under Articles 226 and 227 of the Constitution of Indi...

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High Court of Karnataka Upholds Dismissal of Employee in Fraudulent Appointment Case — Labour Court's Modification of Punishment Set Aside. Procurement of Employment by False Caste Certificate Constitutes Serious Misconduct Justifying Dismissal Under Industrial Disputes Act, 1947 Section 11A.

The appellant, Sri Malurappa, was employed by the Bangalore Metropolitan Transport Corporation (BMTC). He was dismissed from service on 27.07.2005 on ...

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Bombay High Court Partly Allows Petition of Social Forestry Department Against Reinstatement Order — Back Wages Set Aside. Department of Social Forestry Held to Be an Industry Under Industrial Disputes Act, 1947; Reinstatement Upheld but Full Back Wages Denied for Lack of Evidence.

The case involves a writ petition filed by the Deputy Director, Department of Horticulture & Social Forestry, Nagpur, and the Plantation Officer again...