Search Results for "preliminary enquiry"

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Search Results for "preliminary enquiry"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Inquiry Under MCS Act — Inquiry Valid Despite Non-Compliance with Section 83 Notice Requirements. Court holds that Section 84 inquiry can be initiated without prior notice under Section 83 when there is a prima facie case of mismanagement.

26 Mar 2024

The petitioner, Jayprakash Sahakari Griha Rachana Sanstha Mrt., a society registered under the Maharashtra Co-operative Societies Act, 1960 (MCS Act),...

High Court

High Court of Karnataka Quashes Industrial Tribunal Order in Industrial Dispute Case — Tribunal Exceeded Jurisdiction by Suo Motu Raising Preliminary Issue. Management's Application Under Section 33(2)(b) of Industrial Disputes Act, 1947 for Approval of Dismissal Was Pending; Tribunal Erred in Holding Domestic Enquiry Vitiated Without Adjudicating the Application.

9 Mar 2017

The petitioner, M/s Kirloskar Ferrous Industries Ltd. (KFIL), filed writ petitions under Articles 226 and 227 of the Constitution of India challenging...

High Court

Bombay High Court Allows Petitioners Challenging Enquiry Under Section 88 of Maharashtra Cooperative Societies Act Against Contractors and Suppliers. Enquiry Under Section 88 Cannot Be Conducted Against Persons Who Are Not Members, Past Members, or Office Bearers of the Cooperative Society.

8 Jun 2010

The judgment pertains to two writ petitions filed by M/s. Tejas Constructions (a partnership firm) and ATV Projects India Ltd. (a company) challenging...

High Court

Karnataka High Court Dismisses Petitioner in Writ Petition Against Police for Medical Negligence Investigation — No Prima Facie Criminal Negligence Found. Allegations of Wrong Catheter Insertion and Death of Dialysis Patient Do Not Meet Threshold of Gross Negligence Under Section 304-A IPC; Police Justified in Treating Complaint as Non-Cognizable.

25 Jun 2025

The petitioner, a son aggrieved by the death of his father, a chronic kidney disease patient on dialysis, filed a writ petition under Article 226 of t...

High Court

High Court of Karnataka Quashes Lokayukta Investigation for Lack of Prior Sanction Under Section 17-A of Prevention of Corruption Act, 1988. Investigation conducted without mandatory prior approval from competent authority held null and void.

17 Mar 2025

The petitioners, three public servants employed with the Pattana Panchayat, Jagalur, Davangere District, filed a writ petition before the High Court o...

High Court

High Court Quashes Order Declining Approval Under Prevention of Corruption Act Due to Non-Application of Mind. The Court held that an order under Section 17A must reflect independent consideration and cannot be based solely on exoneration in a departmental enquiry, directing fresh reconsideration.

27 Mar 2026

The dispute arose from a writ petition filed by a lawyer and social activist challenging an order dated 26-05-2025 passed by the Under Secretary, Depa...

High Court

Bombay High Court Upholds Summary Nature of Disqualification Enquiry Under Section 16 of Maharashtra Village Panchayats Act; Rejects Member's Claim for Cross-Examination of Talathi. The Court held that a member facing disqualification for encroachment is only entitled to a reasonable opportunity of hearing and cannot convert the summary enquiry into an adversarial one by seeking oral evidence and cross-examination.

14 Oct 2021

The present writ petition arose from a disqualification proceeding initiated before the Additional Collector, Nagpur, under Section 16 of the Maharash...

High Court

Bombay High Court Dismisses Petition Challenging Labour Court's Denovo Enquiry Without Charge Sheet. Absence of Charge Sheet Does Not Vitiate Denovo Enquiry When Evidence of Misappropriation Is Led.

6 Oct 2015

The petitioner, Nanasaheb Narayan Shelke, was employed by the respondent, Chief Executive Officer, Zilla Dekh Rekh Sahakari Sanstha Maryadit, from 01/...

High Court

Bombay High Court Quashes Labour Court and Industrial Court Orders, Sustains Dismissal of Bus Conductor for Misconduct of Reselling Used Tickets and Cash Shortfall. Failure to frame preliminary issues on fairness of domestic enquiry and perversity of findings vitiates decisions, and employer's right to lead evidence, once reserved in written statement, must be afforded before final adjudication.

7 May 2018

The dispute arose from the dismissal of a bus conductor by the Maharashtra State Road Transport Corporation (the employer) for misconduct involving re...

High Court

High Court of Karnataka Quashes FIR in Corruption Case Due to Lack of Sanction — Petitioner's disproportionate assets case quashed as investigation commenced without mandatory prior sanction under Section 19 of Prevention of Corruption Act, 1988.

14 Mar 2017

The petitioner, Sri Chandrashekhar Eligar, a Superintending Engineer in the PWD Department, filed a writ petition under Articles 226 and 227 of the Co...

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