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Madras High Court Quashes Recovery Order Against Senior Bailiff in Service Matter Due to Departmental Error. Recovery of Excess Salary for 29-Year Period Set Aside as No Misrepresentation Shown, Causing Extreme Hardship Under Article 226 of Constitution.

The petitioner, who was appointed as a Senior Bailiff in 1993, received an Official Memorandum dated 09.06.2022 from the 6th respondent stating that h...

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Madras High Court Disposes Writ Petition Challenging Show Cause Notice for Recovery of Excess Pay from Retired Employee. Recovery of Excess Salary Barred as per Rafiq Masih Principles Due to Long Delay and Hardship, but Re-fixation of Pay Permitted under Applicable Rules.

The writ petition was filed by a retired judicial employee against the Sub-Judge, Principal District Judge, and the Registrar General of the High Cour...

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Madras High Court Partly Allows State Appeal in Excess Salary Recovery Dispute; Sets Aside Interest Award in Retired Employee's Case. Recovery of Excess Salary Held Impermissible Absent Misrepresentation or Undertaking on the Eve of Retirement, Aligning with Principles Against Hardship.

The High Court of Madras adjudicated a writ appeal filed by the State of Tamil Nadu challenging a single judge's order that had directed refund of exc...

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Belated Claim for Co-operative Housing Society Membership by Legal Heirs Cannot Be Denied Where Occupation and Earlier Resolution Recognised Membership Rights: Supreme Court

The dispute concerned membership of Flat No.7 in Malboro House Co-operative Housing Society, Mumbai. The original occupant, Narendra Patel, was offere...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case for Lack of Fresh Material. Reopening of Assessment Under Section 147 of Income Tax Act, 1961 Invalid When Based on Same Material Already Considered in Original Assessment.

The petitioner, Siemens Financial Services Pvt Ltd, a Non-Banking Finance Company registered with RBI, filed its return of income for Assessment Year ...

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Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

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Karnataka High Court Dismisses Habeas Corpus Petition for Missing Husband — No Custodial Detention Found. Court holds that habeas corpus is not maintainable when the alleged detenu is not in police custody and his whereabouts are unknown.

The petitioner, Usharani, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India seeking a direction to the police auth...