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Supreme Court set aside the High Court’s judgment directing payment of salary for the period 01 January 2015 to 31 May 2018 – Held that respondents had attained superannuation age by 2013 and 2015, respectively.

The age of superannuation must be considered when determining entitlement to back wages and reinstatement benefits. (Paras: 8, 9, 10) Supreme Court h...

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Non-Compliance of NDPS Act Procedures Leads to Bail Grant: Bombay High Court Emphasizes Strict Adherence to Statutory Rules. Bail Granted Due to Procedural Lapses in NDPS Act Compliance – Court Directs Strict Implementation of Statutory Rules.

Procedural Lapses in NDPS Act Compliance: The Bombay High Court granted bail to four accused in a narcotics case due to non-compliance with the mandat...

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Arbitration Petition Dismissed: No Binding Amendment to Development Agreement Established. Court Holds No Consensus Ad Idem on Essential Terms of Amendment – Section 37 of the Arbitration and Conciliation Act, 1996 Invoked

Binding Amendment Requires Consensus on Essential Terms: – For a binding amendment to a development agreement, the parties must reach consensus ad...

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Supreme Court Partly Allows Appeal in Specific Performance Suit – High Court’s Order Setting Aside Ex-Parte Decree Without Proper Jurisdiction Held Unsustainable

Revisional Jurisdiction – Delay Condonation – Restoration of Suit – Independent Legal Remedies The Court held that the remedies of condoning th...

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Dishonour of Cheques — Security Deposit — Refund Conditional Upon Vacant Possession — Conviction Under Section 138 of the Negotiable Instruments Act, 1881 Set Aside

The refund of security deposit was contingent on the respondent handing over vacant possession of the flat. The appellant was entitled to deduct unpa...

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Supreme Court Allowed Appeal — Directed Inclusion of Appellant in General Provident Fund-cum-Pension-cum-Gratuity Scheme. Non-Exercise of Option for Contributory Provident Fund Automatically Entitled the Appellant to Default Pension Scheme

Clear provisions of Chapter 16 of the University Statutes indicated automatic entitlement to the pension scheme in absence of opting for the Contribut...

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Regularization of Contractual Employees — Interpretation of Initial Constitution under Sports Authority of India (SAI) Executive Cadre (Grade A) Staff Recruitment Rules, 2022 — Rejection of Recall Application

The Court emphasized that once a concession was made by a party’s counsel and recorded by the court, the party could not later challenge the ord...

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High Court of Bombay, Nagpur Bench, Overturns Conviction Under Section 302 IPC, Citing Flaws in Prosecution’s Case and Unreliable Witness Testimony. Acquittal in Murder Case Due to Lack of Convincing Evidence and Benefit of Doubt

Delay in FIR and Suppression of Information:– The court held that the delay in lodging the FIR and suppression of initial information raised serious...

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Landmark Judgment Reinforces Equality and Reasonable Accommodation for Persons with Disabilities in Judicial Appointments

Supreme Court Upholds Rights of Visually Impaired Candidates in Judicial Services, Strikes Down Discriminatory Rules Reasonable Accommodation: The p...

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Deemed Dealer under MVAT Act and Prospective Effect of Tax Liability. High Court of Bombay Decides on Tax Liability of Government-Constituted Trust under Maharashtra Value Added Tax Act, 2002

On the Issue of Deemed Dealer: The Court held that SASF was a “deemed dealer” under Section 2(8) of the MVAT Act. The Court found that SASF fel...