Search Results for "1982"

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Search Results for "1982"

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High Court

Bombay High Court Allows Partition Suit Despite Benami Transaction Act — Property Purchased in Wife's Name Before 1988 Not Barred by Section 4 of Benami Transactions (Prohibition) Act, 1988. The court held that Section 4 of the Act does not apply retrospectively to transactions completed before the Act came into force, and the plaintiff was entitled to partition of joint family property.

18 Mar 2011

The appellant, original plaintiff, filed a suit for partition and separate possession of his one-half share in the suit property, claiming it was join...

High Court

Bombay High Court Allows Pension Computation from Initial Temporary Appointment as Seasonal Godown Keeper — Rule 30 of Maharashtra Civil Services (Pension) Rules, 1982 Mandates Counting of Entire Service from First Appointment. The court held that temporary service as Seasonal Godown Keeper must be counted for pension under Rule 30 of the Maharashtra Civil Services (Pension) Rules, 1982.

19 Jul 2011

The petitioners, retired government employees who had initially served as Seasonal Godown Keepers, filed a writ petition challenging the order of the ...

High Court

Bombay High Court Allows Petition to Strike Issue of Mundkar Rights in Civil Suit — Lack of Specific Pleadings. Issue framed on vague allegations without particulars of occupation under Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 cannot be sustained.

18 Oct 2011

The petitioner, Shri Mahableshwar Pandurang Halankar, filed a writ petition challenging an order dated 30.06.2008 passed by the Civil Judge, Senior Di...

High Court

Bombay High Court Quashes Premature Retirement of Judicial Officer in Public Interest — Integrity Doubt Based on Stale ACRs and Non-Speaking Order Violates Natural Justice. Review Committee's decision to retire officer at 55 years under Rule 19 of Maharashtra Judicial Service Rules 2008 set aside for relying on uncommunicated adverse entries and lack of objective assessment.

14 Nov 2011

The petitioner, a judicial officer, was prematurely retired at the age of 55 years under Rule 19 of the Maharashtra Judicial Service Rules 2008 read w...

High Court

Bombay High Court Quashes Notice Under Section 89 of MRTP Act for Lack of Jurisdiction — Prior Civil Court Decree Declaring Petitioner as Lessee and Not Trespasser Bars Corporation from Issuing Notice Under Different Act

19 Apr 2012

The petitioner, M/s. Iqbal & Brothers, a partnership firm, challenged a notice dated 2nd December 1997 issued by the Pune Municipal Corporation under ...

High Court

Bombay High Court Allows Wife's Appeal Against Nullity and Divorce Decree in Hindu Marriage Act Case — Impotency and Cruelty Allegations Not Proven. Marriage Annulment Under Section 12(1)(a) Set Aside as Husband Failed to Establish Wife's Impotency; Divorce Under Section 13(1)(ia)(ib) Also Set Aside as Cruelty and Desertion Not Proved.

23 Jul 2012

The case involves a Family Court Appeal filed by the wife, Sou. Pramila Shankar Ghante, challenging the judgment and decree passed by the Family Court...

High Court

Bombay High Court Allows Assessee's Reference in Income Tax Case - Payment to Japanese Company for Technical Advisory Services Held Not Taxable Under DTAA. The court ruled that fees for technical services are 'industrial or commercial profits' under Article III of the India-Japan DTAA and not taxable in India in the absence of a permanent establishment.

14 Sep 2012

The case involves an Income Tax Reference under Section 256(1) of the Income Tax Act, 1961, arising from RA Nos.1052 and 1053/Bom/1991, which stem fro...

High Court

Bombay High Court Dismisses Petition Challenging Recovery of Excess Salary Paid to Employees Due to Wrong Fixation of Pay Scales. The Court held that recovery is permissible when the employee had knowledge of the error or when the mistake is a continuing wrong, and the principle of no recovery does not apply in such cases.

18 Jan 2019

The petitioners, 13 employees of Thane Municipal Corporation, filed a writ petition challenging the Corporation's decision to recover excess salary pa...

High Court

Bombay High Court Dismisses Lecturer's Petition for Pension and Arrears in Service Dispute. Removal for Misconduct Disentitles Employee to Pensionary Benefits Under Maharashtra Civil Services (Pension) Rules, 1982.

13 Feb 2019

The petitioner, Kulkarni Shashikant Bhavani, was appointed as a lecturer in Physical Education at B.P.C.A's College of Physical Education (respondent ...

High Court

Bombay High Court Allows Writ Petition for Pension Revision of Retired Zilla Parishad Employees — Denial of Benefits Based on Circular Held Unjustified. The court held that a circular cannot override statutory rules and that pre-1998 retirees are entitled to pension revision under the Maharashtra Zilla Parishad and Panchayat Samitis (Recruitment) Rules, 1967 and Maharashtra Civil Services (Pension) Rules, 1982.

5 Nov 2019

The petitioners, 16 retired employees of the Zilla Parishad, Osmanabad, filed a writ petition seeking revision of their pension and other retiral bene...

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