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Madras High Court Quashes Recovery Order Against Cooperative Society Secretary Due to Lack of Show Cause Notice and Coerced Consent. Non-issuance of show cause notice prior to recovery of alleged loss from gratuity violates principles of natural justice, despite existence of consent letter.

The petitioner, P. Sunasekaran, served as Secretary of the Police Forces Women Industrial Cooperative Society (fifth respondent). The Society supplied...

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High Court of Karnataka Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Cross-Objection Dismissed as Deceased Pedestrian Found 50% Negligent for Crossing Road Without Caution Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the deceased, Kalaswamy, a pedestrian, was hit by a car driven by respondent No.5 and owned by respo...

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High Court of Karnataka Allows Landlord's Application for Possession and Rent Arrears from Official Liquidator in Company Liquidation. Landlord's Claim for Rent Arrears and Possession Upheld Under Section 476 of Companies Act, 1956.

The applicant, Shri N R Ravi, claimed to be the owner of a property leased to M/s. SEM India Systems Private Limited (in liquidation) on 15.05.2008. T...

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Bombay High Court Quashes Recovery of Pensionary Benefits from Retired Class III Employee in Pay Fixation Dispute. Recovery of Rs.77,446/- directed after 17 years of pay fixation without misrepresentation by employee held unsustainable.

The petitioner, Devidas Marotirao Kandhare, a retired junior clerk (Class III) under the Godavari Marathwada Irrigation Development Corporation, chall...

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Bombay High Court Allows Writ Petition Challenging Transfer Order as Violative of Service Rules and Natural Justice. Transfer of Regional Manager to Mumbai set aside for non-compliance with Section 25 of the Industrial Disputes Act, 1947 and breach of principles of natural justice.

The petitioner, Ramesh Janardhan Meshram, a retired Regional Manager of Lokshahir Annabhau Sathe Development Corporation, challenged his transfer orde...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty Under Section 9(1)(vi) of Income Tax Act, 1961. Payment for shrink-wrapped software held to be for copyright article, not transfer of copyright rights, thus not taxable as royalty.

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax (TDS)) against the common order o...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty. Payment for purchase of shrink-wrapped software from non-resident held not royalty under Section 9(1)(vi) of Income Tax Act, 1961, as no copyright transferred.

The case involves two appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the common order of the Income Tax Appella...