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Bombay High Court Allows Writ Petition Against Sales Tax Auction of Property Already Secured Under SARFAESI Act. Securitisation Act Overrides State Revenue Recovery Laws Under Section 35, and Sale Must Be Conducted by Secured Creditor.

The petitioners, Viraat Ispat Limited and another, challenged an auction notice dated 13 September 2011 issued by the Assistant Commissioner of Sales ...

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Bombay High Court Quashes Education Officer's Order Directing Seniority Revision and Promotion After Petitioner Already Promoted — Education Officer Lacks Jurisdiction Under Rule 12 of MEPS Rules Once Promotion Is Granted.

The petitioner, Girish Suresh Jambhalikar, was appointed as an Assistant Teacher on 10.07.1995 in a school run by respondent No.3 Management. He posse...

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Supreme Court Upholds Assistant Professors' Promotion Under DACP Scheme Against Statutory Corporation's Recruitment Regulations. Promotion Governed by DACP Scheme as ESIC Regulations Issued Without Prior Central Government Approval Under Section 17(2)(a) of Employees' State Insurance Act, 1948.

The dispute arose from the promotion of Assistant Professors employed by the Employees' State Insurance Corporation (ESIC) to the post of Associate Pr...

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Supreme Court Allows BSNL Appeal in TTA Recruitment Case: Reserved Category Candidates Selected on Merit Can Be Adjusted Against Reserved Vacancies. The Court held that the High Court erred in directing shuffling of candidates as it would unsettle the selection process under the BSNL Recruitment Rules.

The case pertains to a recruitment process for Telecom Technical Assistants (TTAs) by Bharat Sanchar Nigam Limited (BSNL) in the Rajasthan Telecom Cir...

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Bombay High Court Dismisses Purchaser's Challenge to SARFAESI Action; Sale During Injunction Void. Sale of Mortgaged Property During Pendency of Injunction Order Held Void; Purchaser Has No Right to Question Prior Equitable Mortgage Under Section 58(f) of Transfer of Property Act.

The writ petition challenged the orders of the Debts Recovery Appellate Tribunal (DRAT) and the Debts Recovery Tribunal (DRT) dismissing the petitione...

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Supreme Court Allows Delay Condonation in Specific Performance Suit by Non-Party to Contract. Limitation Act Section 5 Delay of 254 Days Condoned as Sufficient Cause Shown for First Appeal Delay.

The appellant filed two suits for specific performance of agreements of sale for agricultural land in Himachal Pradesh. The suits were dismissed by th...

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High Court Upholds Tribunal Direction to Consider Creamy Layer Candidate Under General Merit, Rejects KPSC's Petition. Principle of Migration of Reserved Category Candidates to General Category on Merit Recognized as Settled Law.

The Karnataka Public Service Commission (KPSC) invited applications for 440 Gazetted Probationers posts, including 55 Assistant Commercial of Commerci...

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Supreme Court Dismisses Appeal in Second Appeal Case - Punjab Courts Act Applies Over CPC. Substantial Question of Law Not Required for Second Appeals in Punjab Under Section 41 of Punjab Courts Act, 1918.

The Supreme Court disposed of a civil appeal arising from a regular second appeal decided by the Punjab and Haryana High Court. The sole contention ra...

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Bombay High Court Dismisses Father's Petition Challenging Temporary Custody of 5-Year-Old Daughter to Mother. Mother is preferred custodian for female child of tender years under Section 6 of Hindu Minority and Guardianship Act, 1956, as welfare of child is paramount.

The case involves a custody dispute between a husband and wife over their 5-year-old daughter. The parties married on 07.09.2014 and had a female chil...