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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 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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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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High Court of Karnataka Dismisses Petition Challenging Trial Court Order Refusing to Set Aside Ex-Parte Decree in Partition Suit. Petitioners Failed to Show Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

The petitioners, legal representatives of the deceased original plaintiff Siddappa, filed a writ petition under Article 227 of the Constitution of Ind...

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High Court of Karnataka Hears Writ Petition on Impleadment of Additional Defendants in Specific Performance Suit — Considers Proper Party Test Under Order I Rule 10 CPC

The petitioner, as plaintiff, filed a suit for specific performance of an agreement of sale dated 10.06.2016 executed by late Mariyappa in respect of ...

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Karnataka High Court Dismisses Quo-Warranto Petitions Challenging KPSC Appointments, Upholds Executive Power Under Article 316. Court Rules That Article 316 is a Complete Code and No Rules are Required for Appointing Chairman and Members of the State Public Service Commission.

Two public interest litigations were filed by Shashi Prasad Gandhi and T. Narasimhamurthy challenging the appointments of the Chairman and members of ...