Search Results for "Article 304(a)"

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Bombay High Court at Goa Dismisses Union of India's Petition Challenging Discovery Order in Coast Guard Collision Suit. Order for Inspection of Documents Under Order XI CPC Upheld as Not Violative of Sovereign Immunity.

The judgment arises from a writ petition filed by the Union of India and the Indian Coast Guard challenging an order dated 08.04.2024 passed by the Di...

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High Court of Madras Considers Plea for Reinstatement and Payment of Subsistence Allowance Following Suspension of Court Employee. Petitioner Alleges Non-Payment of Allowance for Over Seven Years Despite Compliance with Fundamental Rule 53(2).

The petitioner was appointed as Office Assistant in the Tamil Nadu judicial service on 12.12.2012 and later promoted to Record Clerk. While working in...

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Bombay High Court Dismisses Petition of Bus Driver Challenging Dismissal for Negligence in Fatal Accident. Held that the Labour Court and Industrial Court correctly upheld dismissal based on proved misconduct of gross negligence under Standing Order 20(j) of the Bombay Industrial Relations Act, 1946.

The petitioner, Balu Namdevrao Mule, was employed as a bus driver with the BEST Undertaking since 1993. On 9 February 2003, while driving bus No. 6733...

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Supreme Court Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...

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Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

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High Court of Karnataka Quashes Suspension of Driving License in Motor Vehicle Act Case — Lack of Notice and Violation of Principles of Natural Justice. License Suspension Order Set Aside as Authority Failed to Provide Show Cause Notice Before Suspension Under Section 19(1) of Motor Vehicles Act, 1988.

The petitioner, Neelappagouda S/o Virupaxgouda Patil, was a driver employed with KSRTC. On 25.08.2014, while driving a bus bearing No.KA-19F/2461 on N...

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High Court of Karnataka Quashes Suspension of Driving License in Motor Vehicle Act Case — Lack of Notice and Opportunity of Hearing Violates Principles of Natural Justice. Petitioner's license suspended under Section 19(1) of Motor Vehicles Act, 1988 without prior notice or opportunity to show cause.

The petitioner, a driver employed with KSRTC, was involved in a road accident on 25.08.2014 while driving a bus. An FIR was registered under Sections ...

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Bombay High Court Dismisses Petition by Municipal Corporation Challenging Reinstatement of Bus Driver in Gross Negligence Case. The Industrial Court's finding that the bus driver was not negligent was based on evidence and not perverse, and thus no interference under Article 227 was warranted.

The petitioner, Municipal Corporation of Greater Bombay (BEST Undertaking), challenged an order of the Industrial Court, Mumbai, dated 16 August 2007,...