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Bombay High Court Dismisses Petition Seeking Stay of Departmental Enquiry During Criminal Trial in EPF Fraud Case. Held that departmental proceedings and criminal trial can proceed simultaneously as charges are distinct and no prejudice is caused to the delinquent employee.

The petitioner, Shiva Shankar Mamidi, a Data Processing Assistant in the Employees Provident Fund Organization (EPFO), challenged an interim order of ...

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High Court of Bombay at Goa Quashes Charges Under SC/ST Act for Lack of Public View Element in Caste-Based Insult Allegation. Offence under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 requires insult to be in public view, which was absent as incident occurred inside a house.

This judgment arises from a criminal revision application filed by three applicants (original accused) challenging an order dated 07/09/2015 passed by...

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Bombay High Court Dismisses Plea of Waitlisted Candidates Seeking Appointment to Technician-III Posts in Maharashtra State Power Generation Company Ltd. — Recruiting Authority Not Obligated to Fill All Advertised Vacancies, and Waitlisted Candidates Have No Legal Right to Claim Appointment

The dispute arose from a recruitment drive conducted by the Maharashtra State Power Generation Company Ltd. (MSPGC Ltd.) for 947 posts of Technician-I...

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Supreme Court Allows Revenue's Appeal in Gypsum Board Tax Classification Case. Holds that Gypsum Board Falls Under 'Gypsum in All Its Forms' Entry in Rajasthan VAT Act, Taxable at 4%.

The Supreme Court allowed the appeals filed by the Additional Commissioner (Legal), Commercial Taxes, Rajasthan and another against the judgment of th...

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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Payment to Retired Employee. Forfeiture of Gratuity under Payment of Gratuity Act, 1972 requires proof of financial loss caused by employee's misconduct, not merely disciplinary punishment of compulsory retirement.

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 197...

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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Award to Compulsorily Retired Employee. Forfeiture of Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Requires Willful Offence or Moral Turpitude, Not Mere Misconduct.

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 197...

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High Court Dismisses Postal Employee's Challenge to Dismissal Despite Acquittal in Criminal Case. Departmental findings upheld as acquittal does not automatically exonerate in disciplinary proceedings due to differing standards of proof; reliance on G.M. Tank v. State of Gujarat distinguished.

The petitioner, a Sorting Postman in the Postal Department, was dismissed from service on 25.9.2001 for misappropriation of two cash bags containing R...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interlocutory Order as Not Maintainable Under Section 34 of Arbitration and Conciliation Act, 1996. Order Rejecting Permission to File Fresh Valuation Report Is Not an Interim Award and Cannot Be Challenged Under Section 34.

The dispute arises from a Share Purchase Agreement (SPA) dated 22.12.2003 between Dilip Timblo (appellant) and Prashant Timblo (respondent). The appel...