Search Results for "disciplinary jurisdiction"

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Bombay High Court Dismisses Bank's Petition Challenging Labour Court's Finding of Perversity in Enquiry Officer's Findings. Court upholds that perversity of findings is a jurisdictional fact and Labour Court's conclusion was based on evidence.

The Petitioner-Bank challenged the order of the Labour Court dated 1 September 2023 in Complaint (ULP) No.58 of 2014, which held that the enquiry agai...

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Karnataka High Court Quashes Recovery Order Against Forest Officer in Tree Cutting Case — Lack of Opportunity of Hearing Violates Natural Justice. Petitioner's Liability for Alleged Loss Cannot Be Fixed Without Prior Show Cause Notice Under Karnataka Forest Act, 1963.

The petitioner, an Indian Forest Service officer allotted to Karnataka, was selected and appointed in 1986 and rose to the cadre of Chief Conservator ...

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Supreme Court Upholds Death Sentence of 26/11 Terrorist in Mumbai Attacks Case. Court Dismisses State's Appeal Against Acquittal of Co-Accused Due to Insufficient Evidence, Finding No Perversity in Trial Court's Decision.

The Supreme Court dealt with appeals arising from the 26/11 Mumbai terror attacks. The appellant, Mohammed Ajmal Kasab, a Pakistani national, was conv...

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KAHC010026042017_1

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High Court of Bombay Considers Challenge to Section 36(4) of Industrial Disputes Act, 1947 Restricting Legal Representation Without Consent. Employer Seeks to Quash Labour Court Order Barring Engagement of Advocate in Industrial Dispute Reference.

The petitioner, a company engaged in manufacturing, dismissed the respondent workman for misconduct after due process in August 2015. The workman rais...

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Bombay High Court Awards Compensation to Accused for Malicious Prosecution Due to Gross Investigation Lapses. Lapses Included Filing Charge-Sheet Despite Evidence That Alleged Murder Victim Was Alive, Violating Right to Life Under Article 21 of the Constitution.

The case arose from a murder investigation where the petitioner was arrested and prosecuted for the murder of a man named Guddu, whose crushed body wa...

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Karnataka High Court Adjudicates Writ Petition Challenging Transfer Order of Workman for Alleged Violation of Certified Standing Orders. Petition Raises Question Whether Inter-Unit Transfer is Permissible Under Standing Order Clause 7 and Industrial Employment (Standing Orders) Act, 1946.

The petitioners, a Junior Section Officer employee (first petitioner) and a registered Trade Union (second petitioner), challenged an inter-unit trans...

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Bombay High Court Hears Challenge to Food Safety Authority’s Advisories Allegedly Amending Regulations Without Statutory Power. Validity of Advisory Issued Under Food Safety and Standards Act, 2006, Questioned as Ultra Vires Section 92 of the Act.

A writ petition under Article 226 of the Constitution of India was filed by Vital Nutraceuticals Private Limited and the Indian Drug Manufacturers’ ...