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Bombay High Court Allows Employee's Claim for Promotional Benefits Despite Delay in Tribe Certificate Validation. Clause (d) of Administrative Circular restricting benefits to date of production of validation certificate held ultra vires Articles 14, 16 and 39A of the Constitution.

The petitioner, an employee of the Maharashtra State Electricity Distribution Company Limited (the Company), belonged to a Scheduled Tribe. Throughout...

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Contract Law – Unilateral Mistake – Encashment of Bank Guarantee – Proportionality – Judicial Review – Equity – Relief Granted

The Supreme Court found the Appellant’s error to be apparent and self-evident, warranting equitable relief. (Para 16) BRO’s refusal to acknowledg...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Bombay High Court Upholds Conviction of Appellants in Petrol Pump Robbery Case. Accused convicted under Section 394 read with Section 397 and Section 34 IPC for armed robbery with pistols and iron rod.

The judgment pertains to Criminal Appeals No. 558 of 2004 and 512 of 2004 filed by the appellants against their conviction under Section 394 read with...

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Bombay High Court Dismisses Petitions Challenging Termination of Probationary Employees in Air India Ltd. — Probationers Have No Right to Be Confirmed and Termination Without Stigma Is Valid.

The judgment pertains to two writ petitions filed by Jeetendra Krishna Varma (WP 875/2011) and Mayank Mohan Sharma (WP 1427/2015) against Air India Lt...

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Bombay High Court Allows Writ Petition of Instructor Against School Tribunal Order — Appointment of Respondent No.1 Quashed as Without Approval. Tribunal's Direction to Recover Salary from Petitioner Held Without Jurisdiction.

The petitioner, Sangita Vidyadhar Malte, was appointed as a full-time instructor in MLT (MCVC) at a junior college run by respondent no.2 society on 1...

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Bombay High Court Allows Withdrawal of Appeal in Arbitration Dispute Over Share Delivery — Respondent's Opposition on Grounds of Hardship Not Sustained. Court Permits Withdrawal Without Prejudice to Respondent's Rights Under the Award and Pending Proceedings.

The present appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a judgment of a Single Judge dated 2 February...

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High Court of Karnataka Allows Writ Petition Seeking Registration of Sale Certificate Under SARFAESI Act. Sub-Registrar Directed to Register Sale Certificate Despite Pending Civil Suit as Section 89(4) of Registration Act, 1908 Mandates Registration.

The petitioner, Sri T. Bharathgowda, purchased a property at an auction conducted by Canara Bank (respondent No.3) under the Securitisation and Recons...