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Madras High Court Dismisses Revenue's Appeal in Penalty Case for Wrongful DTAA Claim — No Concealment Found. Assessee's Bonafide Belief That India-China DTAA Applied to Hong Kong Based on Official Document Precludes Penalty Under Section 271(1)(c) of Income Tax Act, 1961.

The revenue appealed against the common order of the Income Tax Appellate Tribunal (ITAT) which set aside the levy of penalty under Section 271(1)(c) ...

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Bombay High Court Quashes Removal of Sarpanch in Tender Misconduct Case — Enquiry Vitiated by Violation of Natural Justice. Order under Section 39(1) of Maharashtra Village Panchayats Act set aside for lack of fair opportunity to cross-examine witnesses and consider defence.

The petitioner, Sau. Leena Ramesh Dongarwar, was the Sarpanch of Navegaon Bandh Gram Panchayat. She was removed from office by an order of the Deputy ...

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Bombay High Court Dismisses Educational Society's Challenge to Pay Back Wages Ordered by School Tribunal. Back Wages Liability Falls on Employer, Not State Government, Under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

The petitioner, Rajapur Shikshan Prasarak Mandal Ratnagiri, a registered society running an educational institution, filed a writ petition challenging...

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Bombay High Court Upholds Direct Recruit Section Officers' Seniority Over Promotees in Maharashtra Secretariat Service. Seniority to be determined from date of substantive appointment, not from date of ad-hoc promotion.

The case involves four writ petitions filed by direct recruit Section Officers and promotee Section Officers of the Maharashtra Secretariat Service, c...

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Bombay High Court Allows Writ Petition for Overtime Allowance on Revised Pay Scales - Computation Must Be Based on Revised Pay Scales Under Section 59 of Factories Act, 1948

The petitioners, initially appointed as Lower Division Clerks and later promoted as Upper Division Clerks at the Naval Armament Depot, were posted to ...

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High Court of Karnataka Dismisses Writ Petition Challenging Termination Clause in Employment Contract. Clause 12(c)(ii) allowing termination without cause held not unconscionable or contrary to public policy under Section 23 of Indian Contract Act, 1872.

The petitioner, Ms. Jayshree Gururaj, was appointed as Senior Director (Advanced Services) in Cisco Systems (India) Private Limited on 15 May 2012. He...

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High Court of Karnataka Dismisses Land Acquisition Challenges for Housing Scheme — Upholds Notifications Under Land Acquisition Act and Karnataka Housing Board Act. Petitioners failed to demonstrate any violation of statutory provisions or fundamental rights in acquisition for public purpose.

The judgment concerns a batch of writ petitions filed by landowners challenging the acquisition of their lands for a housing scheme by the Karnataka H...

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High Court of Karnataka Quashes Trial Court Order in Succession Case for Lack of Jurisdiction to Reopen Probate Proceedings. Letters of Administration cannot be revoked under Section 263 of the Indian Succession Act, 1925 without a properly instituted petition and notice to all parties.

The petitioner, Smt. Gajalakshmi, sought Letters of Administration in respect of the last will and testament of her paternal uncle, Radhakrishna Reddy...

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High Court of Karnataka Dismisses Appeal Challenging Withdrawal of Labour Welfare Cess Exemption for SEZ Developers. The court held that the exemption was a concession and could be withdrawn by the government, and the appellant had no vested right to its continuation.

The appellant, M/s. Primal Projects Limited, a company engaged in constructing and developing IT parks in Special Economic Zones (SEZ), challenged the...