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Supreme Court Restores Personal Insolvency Proceedings Against Personal Guarantor – High Court’s Judicial Review Set Aside

Interpretation of Insolvency and Bankruptcy Code, 2016 – Limits of High Court’s Jurisdiction Under Article 226 of the Constitution of India The S...

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Bombay High Court Set Aside the Debt Recovery Appellate Tribunal’s (DRAT) Order — Directs DRAT to Decide Appeals on Merits. Revisiting the Scope of Appellate Authority and Jurisdiction — Emphasis on Avoiding Routine Remands — Upholding Judicial Efficiency and Finality of Decisions

The DRAT, as an appellate authority, has the duty to decide all issues based on the material available on record. Routine and unjustified remands del...

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Reinstatement of Terminated Teacher — Vitiated Inquiry Proceedings — Real Likelihood of Bias — Full Back Wages Awarded — Application of Principles of Natural Justice

High Court upheld the Tribunal’s decision — Confirmed reinstatement of Respondent No.1 — Directed payment of full back wages — Found the inqui...

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Apportionment Dispute in Compensation—Land Acquisition Officer (LAO) Lacked Jurisdiction—Dispute to be Referred to Civil Court

Maharashtra Highways Act, 1955—Section 19C(4)—Apportionment dispute in compensation for acquired land—LAO had no authority to decide—Matter to...

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Bar on Testamentary Disposition of Tenanted Land – Protection of Possession under Section 53A of the Transfer of Property Act – Appreciation of Oral and Documentary Evidence – Injunction and Declaration of Title – Relevance of Admissions in Evidence

Statutory Bar under Section 43 Upheld – Held that testamentary disposition of tenanted land was barred, and the Will relied upon by the defendants w...

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Forfeiture of Gratuity – No Conviction Required for Moral Turpitude – Supreme Court Clarifies Legal Position. Termination for misconduct constituting an offence involving moral turpitude permits forfeiture of gratuity even without a criminal conviction.

Conviction Not Necessary for Forfeiture – The Supreme Court overruled the earlier interpretation in C.G. Ajay Babu (2018), holding that Section 4(6)...

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Seniority and Back Wages in Delayed Appointments: High Court Rules on Deemed Date of Appointment for Postal Employees. Bombay High Court Grants Deemed Date of Appointment to Postal Employees, Denies Back Wages to Some Petitioners

Deemed Date of Appointment – Petitioners, who were selected in the same recruitment process but appointed later due to administrative delays, were ...

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Review Jurisdiction, Suppression of Evidence, and Award of Back Wages. Supreme Court Upholds Review Jurisdiction, Condemns Suppression of Evidence, and Modifies Back Wages Award.

The Supreme Court held that MSRTC was guilty of suggestio falsi and suppresio veri by not disclosing its pleadings before the MACT to the Labour Co...

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Supreme Court Upholds Demand Notices for Recovery of Rebate on Electricity Tariff. Promissory Estoppel Yields to Public Interest – Rebate Withdrawal Validated

The Supreme Court dismissed the appeals, holding that: The appellants were not entitled to the rebate under the notification dated 30.09.1991, as the...