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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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Bombay High Court Allows Writ Petition Challenging Premature Retirement of Lecturer at Age 58 Instead of 60 Years. Government Resolutions Prescribing Retirement Age of 60 Years for Teachers in Non-Government Colleges Are Binding on Private Unaided Institutions.

The petitioner, Professor Smt. Manorama Prakash Khandekar, was appointed as a Lecturer at Priyadarshani College of Education, Nagpur, on 06.10.2003, w...

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Bombay High Court Adjudicates on Validity of HPCL Notifications Discontinuing and Revising Pension Benefits. The Court Examines Whether Employees Recruited Post-Acquisition and Retired Under ESSO/LIL Plans Are Entitled to Pension Protections Under ESSO Act, 1974 and Amalgamation Order.

The case involved a writ petition under Article 226 of the Constitution of India filed by the Pensioners Social & Welfare Association, a registered so...

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Supreme Court Allows Appeal of Employee Retired Prematurely Based on Deemed Age — Resolution Cannot Override Service Rules. The Court held that the Board's resolution deeming age as 18 on appointment date could not reduce the actual retirement age under Rule 73 of the Bihar Service Code.

The appellant, Gopal Prasad, was appointed as Calligraphist-cum-Assistant of the Bihar School Examination Board on 20 May 1970 at about 15½ years of ...

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Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

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Bombay High Court Quashes Central Government's Notification Deeming MCI Member to Have Vacated Seat for Lack of Jurisdiction. University's Determination of Faculty Membership is a Pre-requisite for Central Government's Action Under Section 7(3) IMC Act.

The petitioner, Dr. Ved Prakash Mishra, was a Professor of Physiology at Jawaharlal Nehru Medical College affiliated to Rashtra Sant Tukdoji Maharaj U...