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Supreme Court Upholds High Court Judgments on Creamy Layer Determination for OBC Reservation in Civil Services. Inclusion of Salary Income for PSU Employees Under Category II(C) of Office Memorandum Dated 08.09.1993 Found Discriminatory and Set Aside Due to Violation of Article 14.

The Supreme Court dealt with three consolidated civil appeals arising from separate High Court judgments concerning the determination of creamy layer ...

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Supreme Court Allows Appeal of Telecom Company in Industrial Dispute, Holding Regional Business Head Not a 'Workman' Under Industrial Disputes Act. Managerial and Supervisory Duties Exclude Employee from Section 2(s) Definition Despite Absence of Power to Appoint or Dismiss.

The Supreme Court allowed the appeal filed by M/s Bharti Airtel Limited against the judgment of the Karnataka High Court which had held that the respo...

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Bombay High Court Upholds Acquittal in SC/ST Act Case Due to Lack of Intent to Humiliate and Absence of Public View. Caste-Based Insult Allegation Fails as Prosecution Did Not Prove Intent to Humiliate Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The State of Maharashtra appealed against the acquittal of five respondents (original accused) by the 1st Adhoc Assistant Sessions Judge, Baramati, fo...

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Bombay High Court Upholds Termination of Driver in Sexual Assault Case — Departmental Enquiry Valid Despite Acquittal in Criminal Trial. Acquittal in criminal case does not automatically entitle reinstatement as standard of proof differs in departmental proceedings.

The petitioner, Ramesh Baburao Firode, was employed as a driver in the District Court at Shrirampur, Ahmednagar. On 28.11.2011, a complaint was lodged...

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Bombay High Court Dismisses Suit for Specific Performance with Exemplary Costs for Suppression of Facts and Forum Shopping. Plaintiffs failed to disclose prior pending suit and obtained ex parte orders by misrepresentation, leading to dismissal and costs of Rs. 5 lakhs.

The plaintiffs, Anand Agarwal and Pramila Anand Agarwal, filed a Commercial Suit No. 614 of 2017 before the Bombay High Court seeking specific perform...

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High Court of Bombay at Nagpur Quashes Removal of Bank Officer in Disciplinary Proceeding for Violation of Natural Justice. Non-Supply of Documents and Enquiry Report, and Bias by Enquiry Officer Lead to Setting Aside of Removal Order Under Service Law.

The petitioner, Balaji Digambarrao Kotgire, was appointed as a Clerk-cum-Cashier in the Oriental Bank of Commerce on 7th July 1979. He was later promo...

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Bombay High Court Quashes Appointment of Public Prosecutor for Pune District Due to Non-Compliance with Section 24 CrPC. Appointment made without consulting the Advocate General and without considering eligible Additional Public Prosecutors violates statutory requirements.

The petitioner, Mrs. Neelima Sadanand Vartak, an Additional Public Prosecutor in Pune District since 1986, challenged the notification dated 1st June ...

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Bombay High Court Allows Withdrawal of Writ Petition in Municipal Corporation Dispute — Petitioner Seeks to Pursue Alternative Remedy Before Civil Court. Court permits withdrawal with liberty to file civil suit, holding that pendency of writ petition does not bar civil remedy.

The petitioners, Jhalak Constructions through its partners Naresh Harumal Wadhwani and Sagar Mukesh Wadhwani, filed a writ petition before the Bombay ...