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High Court of Karnataka Quashes Discharge of Civil Judge in Absorption Case — Violation of Natural Justice. Petitioner's discharge from service without notice or inquiry held illegal as she was absorbed under Absorption Rules, not a fresh appointee, and had rendered over seven years of service.

The petitioner, Haleema, was initially appointed as a Civil Judge (Jr.Dn.) on probation on 02.07.1999 and joined on 26.07.1999. She was later relieved...

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High Court of Karnataka Upholds Discharge of Probationary Police Constable for Unsatisfactory Service During Probation Period. Termination under Rule 6(2) of Karnataka Civil Services (Probation) Rules, 1977 is valid when based on overall performance assessment and not punitive.

The petitioner, Sri. Sayad Imamsab Chimamad, was appointed as a Reserve Police Constable and was on probation. During his probation period, his servic...

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Bombay High Court Allows Discharge of Accused in Corruption Case for Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. The court held that sanction under Section 19 is mandatory and its absence vitiates the prosecution, entitling the accused to discharge.

The case pertains to a criminal revision application filed by two applicants, Kisan Baliram Rathod and Vibhuti Radharaman Devnath, challenging an orde...

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Gujarat High Court Allows Revision Against Rejection of Discharge in Land Grabbing Case — Applicant Initially a Witness Later Made Accused. Court Directs Reconsideration of Discharge Application Under Section 239 CrPC Considering Change in Status.

The applicant, Tushar Prakashchandra Modi, filed a Criminal Revision Application under Section 438 read with Sections 442 and 528 of the Bharatiya Nag...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Insurance Dispute Despite Discharge Voucher. Dispute as to Quantum Under Fire Insurance Policy Referred to Arbitration Under Clause 13 of Standard Fire and Special Perils Policy.

The applicant, MIRC Electronics Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a so...

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High Court of Bombay Hears Revision Petition Challenging Rejection of Discharge Under Section 227 CrPC. Court Considers Scope of Discharge Inquiry but Judgment Text is Incomplete.

The revision petition arose from the refusal of the Juvenile Justice Board and the Sessions Judge, Satara, to discharge the petitioner, a juvenile, in...

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Bombay High Court Quashes Discharge of District Judge in NSEL Scam Case — Rule 13(4)(ii)(b) of MJS Rules Violates Articles 14 and 311(2) as It Imposes Penalty Without Inquiry. The court held that discharge of a probationer without inquiry is punitive and unconstitutional.

The petitioner, Ajay Ramesh Dinode, was appointed as a District Judge by nomination in August 2014 and posted as Additional District and Sessions Judg...

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Bombay High Court Allows Discharge of Accused in Corruption Case Due to Lack of Prima Facie Evidence of Conspiracy or Misappropriation. Applicant, a Medical Superintendent, was not shown to have any role in the alleged conspiracy or misappropriation of government funds.

The case involves a criminal revision application filed by Dr. Narendra Mawale, accused No.5 in Special Case No.5 of 2009, challenging the order dated...