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Supreme Court Allows Appeal of Retired Employees Against Recovery Orders in Service Law Case Due to Lack of Hearing and Erroneous Employer Interpretation. Recovery of Excess Payments After Retirement Held Illegal as No Misrepresentation by Employees and Based on Equity Principles to Prevent Hardship.

The dispute involved retired stenographers who had been granted financial benefits in 2017 based on the Shetty Commission recommendations, which were ...

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Bombay High Court Allows Writ Petition of Charitable Trust Against Rejection of Condonation of Delay in Filing Form 9A Under Section 119(2)(b) of Income Tax Act, 1961. CBDT Circulars Must Be Liberally Construed to Grant Relief When Delay Is Due to Change in Procedure from Manual to Electronic Filing.

The petitioner, Nav Chetna Charitable Trust, is a trust registered under Section 12A of the Income Tax Act, 1961, and runs educational institutions. F...

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Supreme Court Dismisses Petition Challenging OROP Policy Implementation for Ex-Servicemen. Periodic Revision Every Five Years Upheld as Not Arbitrary Under Articles 14 and 21 of the Constitution of India.

The dispute arose from a petition under Article 32 of the Constitution challenging the implementation of the One Rank One Pension (OROP) policy for ex...

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High Court of Karnataka Dismisses/Allows Appeal in Specific Performance Suit. Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 Evaluated.

This regular first appeal under Section 96 of the Code of Civil Procedure, 1908 challenged the judgment and decree dated 20.11.2012 passed by the Seni...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Bombay High Court Allows Writ Petition for Assured Career Progression Scheme Benefits to Forest Guard — Petitioner Entitled to ACPS from Date of Completion of 16 Years of Service as per Government Memorandum dated 22/2/2001. Denial of ACPS on ground of prior promotions held arbitrary and discriminatory.

The petitioner, Shri Raghunath B. Desai, a Forest Guard employed by the State of Goa, filed a writ petition under Articles 226 and 227 of the Constitu...

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Bombay High Court Examines Closure Permission for Textile Mills Under Section 25-O of Industrial Disputes Act. The Court Stresses Need for Genuine and Adequate Grounds and Balances Industrial Needs with Worker Welfare, While Exercising Writ Jurisdiction Under Article 226 of the Constitution.

The dispute arose from the closure of two textile establishments, the Crown Mills Division and Process House Unit of Hindustan Spinning and Weaving Mi...

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NCLAT Dismisses Appeals Challenging Admission of Section 7 Application by Allottees Against Corporate Debtor. The Tribunal upheld the NCLT order allowing impleadment of allottees and admitting the insolvency petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, as default was established.

The judgment pertains to two appeals filed against an order dated 04.03.2024 passed by the National Company Law Tribunal (NCLT), New Delhi Principal B...

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Supreme Court Considers Whether Dearness Allowance is a Fundamental Right, Hears Appeals Against High Court Mandate to Pay Central Rates. High Court's declaration of Dearness Allowance under Article 21 and direction for parity with Central Government employees challenged by State.

The State of West Bengal filed appeals by special leave challenging the orders of the High Court at Calcutta dated 20th May 2022 and 22nd September 20...