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Bombay High Court Allows Widow's Petition Quashing Recovery from Gratuity in Pay Fixation Error Case. Recovery of Excess Payment Made to Deceased Government Employee Without Notice Violates Natural Justice and Cannot Be Deducted from Death Gratuity.

The petitioner, Jayshri w/o Sanjay Chandode, is the widow of Sanjay Bhagirath Chandode, a government employee who worked as a peon in the office of Re...

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Bombay High Court Allows Landlord's Petition in Rent Default Case — Eviction Decree Restored. Tenant's failure to pay rent for over six months constitutes wilful default under Section 22(2)(a) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968.

The petitioners, landlords of a commercial premises, sought eviction of the respondent tenant on the ground of default in payment of rent under Sectio...

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Supreme Court Allows Refund of Auction Amount to Highest Bidder in Sand Block Case Due to Non-Possession and Arbitrary Denial by State. State's Failure to Give Possession and Refund Deposit Violates Article 14 and Principles of Model Litigant.

The appellant, Popatrao Vyankatrao Patil, was the highest bidder in a public auction conducted by the District Collector, Satara, for sand blocks in t...

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High Court of Karnataka Allows State Appeal in Forest Land Conversion Case — Refund of Compulsory Deposit Ordered by Single Judge Set Aside. Deposit under Section 79A of Karnataka Forest Act, 1963 for conversion of forest land to non-forest purpose is not refundable upon grant of permission.

The State of Karnataka, through the Deputy Conservator of Forests and other authorities, filed a writ appeal against an order of a learned Single Judg...

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Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

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Supreme Court Restores Arbitral Award in Coal Supply Dispute, Upholds Plausible Contract Interpretation. High Court Exceeded Section 37 Jurisdiction by Substituting Its Own Construction of Coal Mining and Delivery Agreement.

The dispute arose from a Coal Mining and Delivery Agreement (CMDA) executed on 16.07.2008 between Parsa Kente Collieries Limited (appellant) and Rajas...

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Bombay High Court Dismisses Petitions Challenging Entertainment Duty on Amusement Park Admission Fee. Lumpsum Charge for Entry and Entertainment is Subject to Duty Under Bombay Entertainment Duty Act, 1923.

The petitioners, Pan India Paryatan Limited and its director, owned and operated an amusement park in Greater Bombay which opened to the public on 25t...

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Bombay High Court Allows Advocate's Writ Petition Challenging Rejection of Court Fee Stamps. Section 52B of Bombay Stamps Act, 1958 Held Inapplicable to Court Fee Stamps Under Bombay Court Fees Act, 1959.

The petitioner, a practicing advocate, filed a civil suit for possession valued at Rs. 40,500 and paid court fee of Rs. 4,530 using stamps. The court ...