Search Results for "procedural safeguards"

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Supreme Court Quashes Dismissal Order of Police Officer for Violation of Article 311(2) Safeguards - Dismissal Without Departmental Inquiry Held Illegal as Reasons for Dispensing with Inquiry Were Insufficient and Not Supported by Concrete Evidence.

The appeal arose from the dismissal of a police officer from service without conducting a departmental inquiry, invoking clause (b) of the second prov...

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High Court of Karnataka Quashes NDPS Proceedings Against Accused Due to Non-Compliance with Section 42 of NDPS Act. Failure to Record Credible Information in Writing Renders Search Illegal, Entitling Accused to Benefit of Doubt.

The petitioner, Mruthyunjaya, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the entire proceeding...

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Bombay High Court Upholds Maharashtra Fire Prevention Act, 2006 as Constitutionally Valid. Levy of fire prevention fee under Section 12 is a fee, not a tax, and the Act is within legislative competence.

The petitioners, Vidarbha Taxpayers Association and a citizen, filed a Public Interest Litigation challenging the constitutional validity of the Mahar...

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Bombay High Court Quashes Chapter Proceedings Under Section 107 CrPC Based on Single FIR Without Independent Material. Mere Registration of Criminal Case Insufficient to Justify Preventive Action Under Section 107 CrPC.

The petitioners, Sandeep Shivaji Mhatre, Tushar Bhimsen Saigaokar, and Nilesh @ Sonu Mahanand Jadhav, filed three separate criminal writ petitions cha...

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Bombay High Court Dismisses Petition by Air India Challenging Rejection of Approval Application Under Section 33(2)(b) of Industrial Disputes Act — Withdrawal of Earlier Application and Reinstatement of Workman Bars Fresh Application for Approval of Dismissal Based on Same Misconduct.

The case involves a challenge by Air India Ltd. (the petitioner) against an order of the Presiding Officer of the National Industrial Tribunal at Mumb...