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High Court of Karnataka Dismisses Company Application Seeking Recall of Winding Up Petition Admission Order Against Kingfisher Airlines Limited. Company Court Has No Power to Recall or Review Its Own Order Admitting a Winding Up Petition Under the Companies Act, 1956.

The applicant, Kingfisher Airlines Limited, filed an application under Section 466 of the Companies Act, 1956, seeking recall of the order dated 30.10...

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KAHC010115872016_1

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Supreme Court Quashes Compulsory Retirement Order of IRS Officer Due to Bias and Malice. Compulsory retirement under Rule 56(j) of Fundamental Rules, 1922, set aside as it was punitive, violated natural justice due to biased committee members, and disregarded clean service record.

The dispute involved an Indian Revenue Service officer challenging his compulsory retirement under Rule 56(j) of the Fundamental Rules, ordered three ...

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Supreme Court Dismisses State's Appeal, Upholds High Court Quashing of Dismissal Order of Head Constable for Violation of Natural Justice. Presiding Officer's Dual Role as Witness Renders Inquiry Void, Certiorari Available Despite Existence of Alternative Remedy.

The State of Uttar Pradesh appealed against a High Court order quashing the dismissal of Mohammad Nooh, a Head Constable. Nooh was dismissed after a d...

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Bombay High Court Quashes Industrial Court Stay on MSRTC Circular Regarding Deputation — Industrial Court Cannot Grant Interim Relief Without Prima Facie Finding of Unfair Labour Practice Under MRTU & PULP Act, 1971.

The Bombay High Court at Aurangabad, in a writ petition filed by the Maharashtra State Road Transport Corporation (MSRTC), challenged an interim order...

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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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Madras High Court Division Bench Delivers Judgment in Intra-Court Appeal on Registrar Termination — Considers Issues of Direct Recruitment vs Deputation, Stigma, and Statutory Notice.

Background: The appeal arose from a common order of a Single Judge in two writ petitions filed by the appellant, who was appointed as Registrar of Pon...

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High Court of Judicature at Madras Allows Appeal by Tamil Nadu Public Service Commission and Sets Aside Order Permitting Candidate to Upload Documents Beyond Deadline. Instructions Issued by Recruiting Agency are Mandatory and Cannot be Relaxed by High Court Under Article 226 of the Constitution.

The present intra-court appeal arose from a writ petition filed by a candidate who had applied for the post of Assistant Tourist Officer Grade-II unde...

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Bombay High Court Upholds Reinstatement of HIV-Positive Driver in MSRTC — Discrimination Based on HIV Status Violates Right to Equality and Right to Life. Termination of Driver Solely on Ground of HIV Positivity Set Aside as Unconstitutional and Contrary to National AIDS Policy.

The petitioner, a driver employed by the Maharashtra State Road Transport Corporation (MSRTC), was terminated from service after being tested positive...

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CMA(PT).No.46 of 2024

Background: This is an appeal filed under Section 117-A of the Patents Act, 1970 by the applicant against the order of the Controller of Patents rejec...