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Bombay High Court Allows Writ Petition for Leave Encashment Withheld by Employer After Superannuation. Withholding of leave encashment on ground of pending departmental inquiry is impermissible as leave encashment is a vested right and not a gratuity or pension.

The petitioner, Pradip Kumar Roy, was appointed as a Junior Executive Trainee in CMPDI, Ranchi on 01/07/1981 and later transferred to the respondent-C...

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Bombay High Court Quashes Sales Tax Attachment Over Bank's Secured Assets Under SARFAESI Act — Priority of Secured Creditor Upheld. Section 26E of SARFAESI Act gives priority to secured creditors over crown debts, and attachment by sales tax authorities cannot defeat the bank's security interest.

The petitioner, Union Bank of India, filed a writ petition under Article 226 of the Constitution of India seeking to quash an attachment order dated 2...

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Gujarat High Court Quashes GST Demand on Assignment of Leasehold Rights as Not a Supply of Service. Transfer of leasehold interest in industrial plot by way of assignment deed is a transfer of immovable property and not a supply of service under Section 7(1)(a) of State Goods and Service Tax Act, 2017.

The petitioner, Luna Chemical Industries Private Ltd., was allotted an industrial plot by the Gujarat Industrial Development Corporation (GIDC) under ...

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Bombay High Court Allows Section 34 Petition and Sets Aside Ex Parte Arbitral Award for Lack of Proper Notice. Arbitrator Directed to Give Fresh Notice to All Parties Before Proceeding.

The petitioners, Mrs. Prajakta Mahesh Joshi and Mr. Mahesh Shrikrishna Joshi, filed a petition under Section 34 of the Arbitration and Conciliation Ac...

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Bombay High Court Allows Mesne Profits Claim in Ownership Dispute Over Flat. Court holds that plaintiffs established ownership of suit flat and defendants are liable to pay mesne profits for illegal occupation.

The plaintiffs, Mrs. Tarla N. Morjaria, Mrs. Usha S. Somana, and Mrs. Bharati V. Tanna, filed a suit against the defendants, Mr. Bipin Hiralal Shah an...

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Bombay High Court Dismisses Petition Challenging Government's Direction to Levy Minimum Water Tax. State Government Has Power Under Section 112 of Maharashtra Municipal Councils Act, 1965 to Prescribe Minimum Rate and Take Coercive Measures for Non-Compliance.

The petitioner, a rate payer, challenged a letter dated 14th January 1998 issued by the Urban Development Department of the Government of Maharashtra ...

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Supreme Court Allows Bank's Appeal in Consumer Dispute Over Loan Processing Fee Refund. Bank's Circular Requiring Upfront Processing Fee Collection Held Binding on Consumer; Refund Denied to Avoid Unjust Enrichment.

The case involves a dispute between Bank of India (appellant) and M/s. Brindavan Agro Industries Pvt. Ltd. (respondent/consumer) regarding the refund ...