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Gujarat High Court Quashes Recovery of Excess Salary from Employees Without Hearing. Recovery of excess payment made due to wrong pay fixation without opportunity of hearing and at fag-end of service is arbitrary and violative of principles of natural justice.

The petitioners, employees of the respondent-Corporation, were promoted and granted stepping up of pay in 1996. In 2012, the Corporation sought to rec...

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Supreme Court Allows Appeal of Retired Employees Against Recovery Orders in Service Law Case Due to Lack of Hearing and Erroneous Employer Interpretation. Recovery of Excess Payments After Retirement Held Illegal as No Misrepresentation by Employees and Based on Equity Principles to Prevent Hardship.

The dispute involved retired stenographers who had been granted financial benefits in 2017 based on the Shetty Commission recommendations, which were ...

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Madras High Court Quashes Recovery Order Against Retired Agricultural Officer for Excess Pension Due to Violation of Natural Justice and Prolonged Delay. Recovery of Inadvertently Paid Excess Pension Without Misrepresentation or Fraud Held Impermissible Under Article 226 of Constitution of India.

The petitioner, a former Agricultural Officer, retired on 30.04.2014 and was receiving a monthly pension of Rs.43,921 under PPO No.RO-713261. The resp...

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GST on Advances for Future Supplies: Examining Constitutional Validity. Evaluating GST's application to unutilized advances and its constitutionality.

The L&T IHI Consortium, a collaboration between Larsen & Toubro Ltd. (L&T) and IHI Infrastructure Systems Co. Ltd., Japan, challenged the ...

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Bombay High Court Allows MSEDCL's Petitions Challenging CGRF Orders on Recovery of Additional Charges from Consumers. MERC Orders on FAC and AEC Recovery Upheld as Binding on Distribution Licensee.

The Bombay High Court dismissed a group of writ petitions filed by Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) challenging orders...

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Bombay High Court Allows Writ Petition of Widow Against Recovery of Excess Payment from Deceased Employee's Pension. Recovery from Legal Heirs Based on Employee's Undertaking Held Impermissible as Excess Payment Was Due to Employer's Mistake Without Misrepresentation.

The petitioner, Smt. Sudha wd/o Bhagirath Meshram, is the widow of a deceased employee who worked as a Junior Lecturer at Zilla Parishad High School. ...

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High Court of Karnataka Directs Bank to Unblock Family Pension Account of Widow Due to Absence of Fault and Violation of Natural Justice. Recovery of excess pension cannot be unilateral and must follow due process of law; blocking of entire account without notice causes hardship to pensioner.

The petitioner, a 62-year-old widow, received family pension following the death of her husband, a Second Division Assistant who died in harness in 20...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Bombay High Court Dismisses Petition Challenging Recovery Certificate Satisfaction Orders in Cooperative Bank Dispute. Special Recovery Officer lacks jurisdiction to adjudicate on validity of recovery certificates or order refund under Maharashtra Cooperative Societies Act, 1960.

The petitioners, M/s. Vilas Transport Co., a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging two or...