Search Results for "Summary Enquiry"

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Bombay High Court Allows Writ Petition Challenging Industrial Court's Reversal of Labour Court's Part-I Judgment on Enquiry Fairness. Enquiry Officer Cannot Be Examined as Witness by Management to Prove Fairness of Domestic Enquiry.

The petitioner, Baba Pandit Ghodake, challenged his termination dated 13/12/2010 w.e.f. 15/12/2010 by the respondent society, Pargaon Sudrik Vividh Ka...

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Bombay High Court Quashes Criminal Process Issued by Chief Judicial Magistrate for Offences Under IPC. Court Holds That Contradictory Orders by Same Magistrate—Issuing Process on Private Complaint and Accepting 'B' Summary—Render the Prosecution Invalid.

The High Court of Bombay at Aurangabad considered two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 by applica...

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Bombay High Court Upholds Removal of Executive Engineer in MSEDCL Bribery Case — Summary Dismissal Procedure Valid. Demand and Acceptance of Rs.50,000 Bribe for Clearing Contractor's Bills Constitutes Serious Misconduct Warranting Removal from Service.

The petitioner, Sudhakar Shankar Chapke, was appointed as a Junior Engineer in the Maharashtra State Electricity Board in 1982 and was promoted to Exe...

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Bombay High Court Allows Writ Petition Challenging Rejection of Leave to Defend in Summary Suit for Recovery of Earnest Money Under Oral Agreement. Oral Agreement for Sale Does Not Fall Within Order 37 CPC Categories, Hence Unconditional Leave to Defend Granted.

The respondent-plaintiff filed Special Civil Suit No.120 of 2017 before the Civil Judge Senior Division, Pune, seeking recovery of Rs.12,00,000/- (inc...

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Supreme Court Allows Workman's Appeal in Industrial Dispute — Scope of Enquiry Under Section 33(2)(b) of Industrial Disputes Act, 1947 Clarified. Labour Court's Order Rejecting Approval for Dismissal Restored as It Did Not Exceed Its Limited Jurisdiction.

The appeal arose from a dispute between John D'Souza, a workman, and the Karnataka State Road Transport Corporation (KSRTC). The workman joined as a b...

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Supreme Court Allows Summary Judgment in Recovery Suit Against DDA for Refund of Sale Consideration After Land Acquisition Lapses. The Court held that DDA cannot retain the money after failing to convey title due to lapsing of acquisition, and the suit was within limitation.

The Supreme Court allowed the appeal against the Delhi High Court's order dismissing the appellant's application for summary judgment under Order XIII...

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Bombay High Court Dismisses Petition Challenging School Tribunal's Reinstatement Order in Teacher Termination Case — Enquiry Committee Invalid Due to Non-Member Convener. Termination Set Aside Under Section 9 of MEPS Act as Enquiry Committee Not Constituted Per Rule 36(2)(a) of MEPS Rules.

The petitioners, Lokmanya Tilak Smarak Mandal and Lokmanya Tilak Girls School, challenged the judgment and order dated 10.04.2007 passed by the School...

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Karnataka High Court Considers Writ Petition Against Rejection of Obstruction Application in Execution Proceedings. Execution Court Dismissed Application Under Order XXI Rule 97 Without Enquiry, Allegedly Violating Order XXI Rule 101 CPC.

The petitioner, a third party objecting to the execution of a decree for vacant possession, challenged the order of the Principal Civil Judge and JMFC...

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Bombay High Court Allows Petition in NI Act Case — Remand for De Novo Trial Quashed. Trial Conducted as Summons Case, Not Summary Trial, Hence No Prejudice to Accused Under Section 143 of Negotiable Instruments Act, 1881.

The petitioner, original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the judgment of the Sessions...