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Bombay High Court Dismisses Petition by Union of India and Commissioner of Central Excise Challenging CAT Order Quashing Reversion of Adhoc Promotee. Reversion of an employee promoted on adhoc basis upon revocation of suspension is illegal; employee entitled to reinstatement in promotional post.

The Union of India and the Commissioner of Central Excise filed a writ petition challenging an order of the Central Administrative Tribunal (CAT), Mum...

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Bombay High Court at Goa Allows State Appeal Against Acquittal in Theft and Public Property Damage Case — Defective Investigation Cannot Be Sole Ground for Acquittal. Trial Court Must Appreciate Evidence Dehors Investigation Defects to Determine if Case is Made Out Against Accused.

The State of Goa appealed against the acquittal of Dadasaheb Rane, a market inspector of Bicholim Municipal Council (BMC), who was charged with theft ...

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Bombay High Court Allows Writ Petition Seeking Implementation of Reservation in Promotion for Persons with Disabilities in Airports Authority of India. DoPT OM dated 11.09.2008 held binding on all government establishments, directing promotion of disabled employee with consequential benefits.

The petitioner, Mrs. S. Mangala, a Deputy General Manager (Aviation Safety) at Airports Authority of India (AAI), filed a writ petition seeking implem...

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Supreme Court Allows Auction Purchaser's Appeal in Execution Sale Dispute — High Court Erred in Invalidating Court Auction Without Setting Aside Decree. Court Auction Sale Confirmed Under Order 21 Rule 92 CPC Cannot Be Invalidated Collaterally in Absence of Fraud or Material Irregularity.

The case arises from a civil suit filed by decree holder) against judgment debtor) for recovery of ₹3,75,000 with interest. The suit was decreed ex ...

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High Court of Bombay at Goa Upholds Conviction in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Accused Failed to Prove Defence of Blank Cheque Given as Security, Leading to Confirmation of Sentence Under Section 138 of Negotiable Instruments Act, 1881.

The case arises from a complaint filed by the respondent (complainant) against the petitioner (accused) under Section 138 of the Negotiable Instrument...

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Bombay High Court Quashes Reopening Notices Under Section 148 of Income Tax Act for Lack of Fresh Material. Reassessment Based on Change of Opinion Without New Tangible Material is Invalid.

The petitioner, M/s. Alliance Space Pvt. Ltd., a company engaged in property development, challenged two notices dated 24th March 2015 and 29th March ...

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Bombay High Court at Goa Quashes Termination of Block Development Officer for Non-Communication of Adverse Remarks. Rule 5 of Temporary Civil Services Rules, 1949 cannot be applied to a deemed confirmed employee without following principles of natural justice.

The petitioner, Shri Uttam K. Pal, joined the services of the State of Goa as an Assistant Teacher on 4.1.1982. With permission from the Directorate o...

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Bombay High Court Quashes Collector's Order in Stamp Duty Dispute — Auction Sale Consideration Prevails Over Market Value. Stamp duty on sale certificate must be computed on actual auction sale consideration, not market value, under Maharashtra Stamp Act, 1958.

The petitioner, Shweta Aditya Malhotra, purchased a property through an auction sale conducted by the Collector of Stamps, Andheri Division, Mumbai, f...

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Supreme Court Allows Extension of Arbitrator's Mandate Under Section 29A(5) of Arbitration and Conciliation Act, 1996 Even After Award Rendered Beyond Statutory Time Limit -- Court Reverses High Court Decision Setting Aside Award

The Supreme Court allowed the appeal and set aside the High Court's orders, holding that a court can entertain an application under Section 29A(5) of ...