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Gujarat High Court Partly Allows State's Appeal in Daily-Wage Worker's Minimum Wages Case. Daily-Wage Worker Entitled to Minimum Wages and Benefits Under Minimum Wages Act, 1948, But Not Regular Pay Scale or Permanency.

The present Letters Patent Appeal was filed by the State of Gujarat and other officials (appellants) against the order of a learned Single Judge dated...

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High Court of Karnataka Upholds Discharge of Probationary Police Constable for Unsatisfactory Service During Probation Period. Termination under Rule 6(2) of Karnataka Civil Services (Probation) Rules, 1977 is valid when based on overall performance assessment and not punitive.

The petitioner, Sri. Sayad Imamsab Chimamad, was appointed as a Reserve Police Constable and was on probation. During his probation period, his servic...

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Bombay High Court Allows Management's Petition Against Reinstatement Order, Sets Aside School Tribunal's Direction for Full Back Wages. Teacher's Termination Upheld as Tribunal Exceeded Its Jurisdiction Under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

The petitioners, the Management and Headmaster of a school run by a society/trust, challenged the judgment and order dated 10/01/2019 passed by the Sc...

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Bombay High Court Dismisses Second Appeal in Suit for Declaration and Injunction — Sale Deeds Held to be Mortgage by Conditional Sale. Transaction of 1977 and 1991 Declared Illegal as They Were Security for Loan, Not Out-and-Out Sale.

The case involves a second appeal filed by the original defendants against the concurrent decrees of the trial court and the first appellate court, wh...

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Bombay High Court Allows Writ Petition Against Recovery of Overpayment from Retired Teacher's Terminal Benefits. Overpayment due to wrong pay fixation under Sixth Pay Commission cannot be recovered after retirement, especially when no misrepresentation by employee.

The petitioner, Issak Abbas Hawaldar, was appointed as a Primary Teacher in Panchayat Samiti, Arale, in November 1976 as a Class-IV employee. He retir...

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Bombay High Court Allows Petition of Supplier Against Western Coalfields Limited for Withholding Admitted Dues. Withholding of Payment Based on Vigilance Report Without Hearing Violates Natural Justice.

The petitioner, Sujyoti India (P) Limited, a private limited company and authorized distributor of SKF India Limited, entered into a rate contract wit...

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High Court of Karnataka Dismisses Second Appeal in Property Dispute Between Brothers — Sale Deed Held Valid and Binding. Plaintiff Failed to Prove Agreement of Sale and Possession, Suit for Specific Performance Barred by Limitation.

The plaintiff, Sri Ramakrishnappa, filed a second appeal against the concurrent judgments of the trial court and the first appellate court dismissing ...

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High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Interest on Government Grants Held as Additional Grant, Not Taxable Income. Interest earned on grants kept in fixed deposits pending utilization is not income from other sources but part of the grant itself.

The Revenue (Commissioner of Income Tax and Assistant Commissioner of Income Tax) appealed against the order of the Income Tax Appellate Tribunal (ITA...

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Bombay High Court Dismisses Employer's Challenge to Industrial Court Order Quashing Recovery of Excess Salary Paid Due to Employer's Mistake. Recovery of Rs.1,94,637/- from Retired Employee Set Aside as Employer's Inadvertence Cannot Be Visited on Employee.

The respondent, Sou. Anjali Anil Tare, was appointed as a Lower Division Clerk (LDC) in 1977 and passed her lower division grade examination in 1980, ...