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High Court Allows Petition for Compassionate Appointment Seeking Regular Pay Scale from Initial Date. Fixed Pay Appointment Quashed as Unjust Under Pre-2004 Policy; Arrears Restricted to Three Years Prior to Filing Due to Delay.

The dispute arose from a petition filed under Article 226 of the Constitution of India by the petitioner, whose father died in harness on 22 December ...

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No Limitation for Cooperative Society Dues: Bombay High Court Affirms Recovery from Flat Occupants under Section 154B-29 MCS Act

The Bombay High Court dismissed writ petitions challenging recovery certificates issued by a cooperative housing society for long-pending maintenance ...

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High Court Sets Aside MACT Order Deleting Insurance Company in Motor Accident Claim -- Premature Deletion Without Evidence Violates Natural Justice -- Reinstatement of Party for Proper Adjudication Under Motor Vehicles Act

The High Court of Bombay at Goa allowed a writ petition challenging an order of the Motor Accidents Claims Tribunal (MACT) that deleted Bajaj Allianz ...

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Supreme Court Dismisses Appeal in Cheque Dishonour Case -- Delay in Filing Complaint Condoned as Bonafide -- Cognizance Taken Under Section 138 of Negotiable Instruments Act Upheld Despite Procedural Irregularity

The Supreme Court dismissed the appeal filed by S. Nagesh against the Karnataka High Court order that rejected his petition to quash a complaint under...

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Supreme Court Quashes Criminal Proceedings in Land Dispute Case, Finds Abuse of Process and Civil Nature of Allegations Under Sections 420, 467, 468 IPC

The Supreme Court quashed criminal proceedings against Anukul Singh for offences under Sections 420, 467, and 468 IPC, finding them to be an abuse of ...

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Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

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Contractual Bar on Pendente Lite Interest: Strict Construction Required Under Arbitration Act, 1940. Supreme Court Upholds Arbitrator’s Power to Award Interest Unless Expressly Barred in Contract

Arbitration Act1940 Act: Arbitrator has inherent power to award pendente lite interest unless expressly barred by contract (Para 8, 10). Strict Co...

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Supreme Court Upholds Kerala High Court’s Decision: Syrang’s Licence Holder Ineligible for Lascar Post. Statutory Qualifications Prevail Over Higher Competency – Non-Joinder of Necessary Party Fatal to Appellant’s Case.

Essential Qualifications: Statutory rules prescribing specific qualifications cannot be diluted by executive interpretation (Paras 20–22). Equality ...

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Supreme Court Quashes FIR in Cheating Case, Distinguishes Between Civil Breach and Criminal Cheating. Business Setbacks Do Not Automatically Imply Criminal Intent – SC

Civil Dispute vs. Criminal Cheating: The Supreme Court reiterated that mere breach of contract or failure to repay dues due to business losses does n...

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Supreme Court Condones Delay in Filing Second Appeal by the State – Upholds High Court's Order Allowing Condonation of Delay. Condonation of Delay – Sufficient Cause – Merits of the Case – Liberal Approach for State Litigations

Delay in government litigation should not be condoned automatically, but a liberal approach may be taken when public interest is involved. Substantial...