Search Results for "Delay Condone"

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Bombay High Court Allows Gratuity Claim in Payment of Gratuity Act Case — Resignation Not Ground for Forfeiture. Forfeiture of gratuity under Section 4(6) of Payment of Gratuity Act, 1972 requires termination for misconduct causing damage; resignation does not justify forfeiture.

The petitioner, H. Jayarama Shetty, joined the respondent Sangli Bank Ltd. on 28 May 1991. On 3 May 1994, a show cause notice was issued regarding irr...

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Bombay High Court Allows Writ Petition Challenging Caste Scrutiny Committee's Invalidity Order for Scheduled Tribe Certificate. Court holds that the Scrutiny Committee must consider the affinity test and other relevant material before declaring a caste certificate invalid.

The petitioner, Prashant s/o Nago Badgujar, filed a writ petition challenging the judgment and order dated 18th September 2012 passed by the Caste Scr...

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Bombay High Court Dismisses Application for Abatement and Condonation of Delay in Second Appeal — No Sufficient Cause Shown for 5-Year Delay in Filing Application After Dismissal of Appeal for Default.

The case involves a civil application filed by Smt. Radhabai Vithal Waikar (the applicant) seeking to quash an order dated 1st March 2006 passed by th...

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High Court of Karnataka Allows Appeal in Property Suit — Remand Order Set Aside Due to Lack of Jurisdiction. First Appellate Court Exceeded Its Powers Under Order 41 Rule 23 CPC by Remanding Suit Without Satisfying Conditions for Remand.

The appellants, as plaintiffs, filed a suit for declaration of ownership, possession, and permanent injunction in respect of suit schedule property. T...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Rejection of Delay Condonation for Filing Appeal Against Ex Parte Decree. Delay of Over 2 Years in Filing Regular Civil Appeal Not Sufficiently Explained, No Sufficient Cause Shown Under Section 5 of Limitation Act, 1963.

The respondent (original plaintiff) filed Regular Civil Suit No. 140/1997 for specific performance of contract against the appellant (original defenda...

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Bombay High Court Allows Condonation of Delay in Customs Appeal Due to Bona Fide Prosecution Before Wrong Forum. The Court held that the period spent before the revisionary authority under a bona fide belief should be condoned, and the CESTAT erred in rejecting the application.

The appellant, Zulfikar Abdul Rashid Khan, is a businessman dealing in motor vehicles and parts. A show cause notice dated 12 August 2011 was issued u...

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Bombay High Court Dismisses Petitions Challenging Striking Off Written Statements in Commercial Suit — Time Limit of 120 Days Under Order VIII Rule 1 CPC and Section 16 of Commercial Courts Act, 2015 Is Mandatory and Cannot Be Extended.

The judgment arises from two writ petitions filed by defendants in a commercial suit instituted by Tata Steel Ltd. (respondent) for recovery of amount...

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Bombay High Court Dismisses Writ Petitions Challenging Transfer Order of Government Officer in Town Planning Department — Upholds State's Power of Transfer as an Incident of Service. Transfer Order Issued in Public Interest and Not Vitiated by Malafides or Violation of Statutory Rules.

The petitioner, Shri Noreshwar Raghunathrao Shende, was serving as Director of Town Planning, Maharashtra State, Pune. He was transferred to the post ...