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Bombay High Court Allows Writ Petition Challenging Post-Retirement Enquiry and Non-Payment of Gratuity. Employer cannot initiate disciplinary proceedings after superannuation as no employer-employee relationship exists; gratuity cannot be withheld pending enquiry.

The petitioner, Dhairyasheel A. Jadhav, superannuated from the services of Maharashtra Agro Industrial Development Corporation Ltd. on 31.12.2003. On ...

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Supreme Court Allows Appeal in Section 319 CrPC Case, Setting Aside High Court's Remand Order. Trial Court's Dismissal of Summoning Application Upheld as Evidence Was Insufficient to Meet the Stringent Threshold for Exercising Discretionary Power Under Section 319 of Code of Criminal Procedure, 1973.

The appeal challenged the Allahabad High Court's order dated 16.05.2017 which had quashed the Trial Court's order dated 15.03.2017 and remanded the ma...

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Bombay High Court at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Lack of Sanction Under Section 197 CrPC. Petitioner, a public servant, was prosecuted for criminal breach of trust without prior sanction as required under Section 197 CrPC, rendering the proceedings invalid.

The petitioner, Shri Babruwan Kinalkar, was a driver employed by the Kadamba Transport Corporation Limited (respondent no.2), a public sector undertak...

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Bombay High Court Quashes Removal of Employee in Disciplinary Proceeding for Violation of Natural Justice and Proportionality. Charge-sheet and Penalty Set Aside Due to Non-Supply of Documents and Disproportionate Punishment.

The petitioner, Abha Chawla Mohanty, was an employee of the Oriental Insurance Co. Ltd. appointed in October 1985. She was served with a charge-sheet ...

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Bombay High Court Dismisses Petition Challenging Disciplinary Action in ONGC Tender Irregularity Case. Court upholds chargesheet, punishment order, and appellate order against employee for unauthorizedly constituting tender committee to favor L2 bidder.

The petitioner, R.P. Gautam, an employee of Oil and Natural Gas Corporation Ltd. (ONGC), filed a writ petition under Article 226 of the Constitution o...

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Bombay High Court Dismisses Appeal Against MCOCA Charges in Robbery Case — Appellant Fails to Show Lack of Prima Facie Evidence for Organized Crime. Court upholds trial court's rejection of discharge, finding sufficient material to proceed under MCOCA for dacoity and robbery offences.

The appellant, Maruti Navnath Sonawane, filed a criminal appeal before the Bombay High Court challenging the order of the Special Judge for MCOCA at B...

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Supreme Court Upholds Default Bail Under Section 167(2) CrPC Despite Subsequent Filing of Chargesheet. Indefeasible Right Accrues on Expiry of Statutory Period and Filing of Bail Application Before Chargesheet.

The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the ...

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Bombay High Court Dismisses Writ Petition Challenging Termination of Seaman for Unauthorized Absence. Petitioner failed to report back after medical disembarkation and did not respond to show-cause notice, leading to valid closure of service under SCI Standing Orders.

The petitioner, Rajiv Singh, joined the Shipping Corporation of India Ltd. as a Cadet in 1975 and was promoted to 3rd Officer by 1979. On 23 June 2001...