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Supreme Court Allows Appeals Against Appointment of Technical Assistants as Assistant Engineers Without Statutory Amendment in Tamil Nadu Engineering Service Rules. Technical Assistants Cannot Be Appointed by Transfer Unless Rules Are Amended to Include Them as Feeder Category.

The Supreme Court considered a set of appeals challenging the judgment of the Madras High Court which had allowed the appointment of Technical Assista...

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High Court Hears Appeal Against Conviction in Murder Conspiracy Case. Trial Court Convicted Accused for Murder of Sitting MLA Under Sections 302, 307, 120B IPC, but Accused Challenges Validity of Trial Based on Illegal Charge Sheet and Manipulated Evidence.

The accused No.6 (appellant) appealed against the judgment of conviction and order of sentence passed by the I Additional District and Sessions Judge,...

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Bombay High Court Dismisses Retired Employee's Petition Claiming Second ACPS Benefit. Absorption as Karkoon and Promotion to Civil Engineer Assistant Both Count as Financial Upgradations Under Government Resolution Dated 01-07-2011.

The petitioner, Pundlik s/o Pratapsingh Rathod, was appointed as a Mukadam on 24-08-1984. He received the first benefit under the Assured Career Progr...

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Bombay High Court Upholds Gratuity Entitlement for Daily Wager Absorbed as Clerk — Continuous Service Counted from Initial Appointment. Municipal Council's contention that daily wage period cannot be counted for gratuity rejected under Section 4 of Payment of Gratuity Act, 1972.

The Municipal Council, Achalpur, filed a writ petition challenging two concurrent judgments: the order dated 26.06.2015 of the Controlling Authority u...

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Bombay High Court Allows Contractor's Appeal in Arbitration Jurisdiction Dispute — Arbitrator Appointed Under Clause 55 of Contract Has Jurisdiction Despite Final Bill Payment. Claims Rejected in December 1993 Gave Fresh Cause of Action, Appointment in 1994 Valid.

The case involves a dispute between the State of Maharashtra (plaintiff/respondent) and M/s M.R. Mutha, Engineers and Contractors (defendant/appellant...

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Bombay High Court Allows Writ Petition Challenging Post-Retirement Re-Fixation of Pay Without Notice. Re-fixation of pay after retirement without affording opportunity of hearing violates principles of natural justice.

The petitioner, Naeem Ahmedkhan s/o Dilawarkhan, a retired government servant, filed a writ petition before the Bombay High Court at Aurangabad challe...

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Bombay High Court Allows Appointment of Arbitrator in Shareholder Agreement Dispute Despite Respondent's Objections. Court Appoints Sole Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996 After Prior Judgment Confirmed Validity of Arbitration Clause.

The applicant, Mr. Rajiv Vyas, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitral ...

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Bombay High Court Upholds Withholding of Pension for Misconduct in Municipal Corporation Cases. Pensionary benefits can be withheld under Pension Rules for misconduct committed during service, even after retirement, if proceedings are initiated within a reasonable time.

The judgment concerns two writ petitions filed by former employees of the Municipal Corporation of Greater Bombay (now Mumbai) challenging the Commiss...