Search Results for "reasonable enquiries"

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High Court Quashes Trial Court Order Rejecting Secondary Evidence Application in Specific Performance Suit. Trial Court Directed to Permit Plaintiffs to Lead Evidence of Lost Agreement to Sell Upon Establishing Foundational Facts Under Section 65 of the Indian Evidence Act, 1872.

This writ petition under Article 227 of the Constitution of India was filed by the original plaintiffs against an order of the trial court rejecting t...

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Bombay High Court Dismisses Petition Challenging Dismissal of Watchman for Theft of Oil Tin. Departmental Inquiry Upheld Despite Criminal Acquittal as Standard of Proof Differs.

The petitioner, Mr. A. S. Manjrekar, was employed as a watchman with the Bombay Port Trust (BPT) since 14.10.1982. On 06.07.1998 (likely a typo for 19...

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Bombay High Court Considers Validity of Departmental Inquiry Against Headmaster Under MEPS Rules, 1981. Alleged Procedural Violations Including Defective Inquiry Committee and Denial of Statement of Allegations Examined.

The petitioner, a Headmaster of a private school governed by the MEPS Act and Rules, challenged his termination following a departmental inquiry. The ...

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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 Dismisses Petition Seeking Interim Relief Against Dismissal in Misappropriation Case. Labour Court and Industrial Court Correctly Refused to Restrain Employer from Issuing Punishment Order at Second Show Cause Stage Under MRTU and PULP Act, 1971.

The petitioner, Dhanraj Gaikwad, was employed as a clerk with the Maharashtra State Road Transport Corporation (MSRTC) since 2008. He was charge-sheet...

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Supreme Court Allows Appellant in SEBI PFUTP Regulations Case Due to Non-Disclosure of Investigation Report. The Court Held That the Investigation Report Under Regulation 9 Must Be Disclosed to Ensure a Fair Hearing Under Principles of Natural Justice, as It Forms the Basis for the Show Cause Notice.

The dispute arose from a show cause notice issued by SEBI to the appellant, alleging violations of the SEBI (Prohibition of Fraudulent and Unfair Trad...

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Bombay High Court Allows Accused in Corruption Case to Obtain Pre-FIR Enquiry Documents for Defence — Right to Fair Trial Under Article 21 Includes Access to Documents Referred to in Chargesheet Under Section 207 CrPC.

The petitioners, Dhondiba s/o Namdeo Dhonde and Kusumbai w/o Dhondiba Dhonde, were accused in a trial under the Prevention of Corruption Act, 1988, fo...

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Bombay High Court Allows Workman to Avail Services of Legal Practitioner in Domestic Inquiry - Right to Representation Under Industrial Disputes Act. The court held that refusal to permit legal representation violates principles of natural justice.

The petitioner, Ajit Bhagwan Sawant, a workman employed by M/s. Parveen Industries Pvt. Ltd., was subjected to a domestic inquiry by the employer. The...

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Bombay High Court Dismisses Company's Challenge to Reinstatement with 50% Backwages and Workman's Challenge to Enquiry Validity in Industrial Dispute. Labour Court's Finding of Non-Perverse Enquiry Upheld, Reinstatement with Partial Backwages Affirmed Under Industrial Disputes Act.

The judgment involves two writ petitions arising from an industrial dispute between Siemens Limited (the company) and its workman, Babulal Ramlal Walm...