Search Results for "stale claim"

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Search Results for "stale claim"

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High Court

Madras High Court Dismisses Casual Labourer's Appeal Seeking Regularisation as Claim is Stale and Beyond Scope of Labour Court Award. Labour Court Award of Reinstatement Without Backwages Issued in 1999 Not Enforced by Employee, Rendering Subsequent Mandamus Petition for Regularisation and Terminal Benefits Impermissible Under Industrial Disputes Act, 1947.

2 Jul 2026

The appellant, a former casual labourer, was engaged on daily wages by the Highways and Rural Works Department from 01.01.1982 to 21.04.1990, intermit...

High Court

High Court of Karnataka Dismisses Bank's Appeal in Disciplinary Matter — Upholds Single Judge's Order Quashing Penalty on Grounds of Violation of Natural Justice and Bias. The Court held that the disciplinary proceedings were vitiated due to the failure to supply relevant documents and the presence of a biased inquiry officer.

18 Jul 2025

The case pertains to a writ appeal filed by the Bank of India (appellant) challenging the judgment of a learned Single Judge dated 13.10.2023 in Writ ...

High Court

Bombay High Court Allows Petitions Challenging Electricity Theft Assessment Orders for Lack of Proper Hearing and Violation of Natural Justice. Assessment orders under Section 126 of the Electricity Act, 2003 set aside as provisional assessment notice was not served and no opportunity of hearing was given before final assessment.

27 Jul 2023

The judgment concerns a batch of writ petitions filed by consumers (petitioners) against the Assistant Divisional Engineer and others (respondents) ch...

High Court

Bombay High Court Quashes Show Cause Notice in Customs Case Due to 24-Year Delay in Adjudication. Inordinate delay in adjudication of show cause notice under Section 28 of Customs Act, 1962 renders it stale and liable to be quashed as abuse of process.

4 Aug 2022

The petitioners, Rachana Garments Pvt. Ltd. and its director Dinesh Kumar Bhartiya, challenged a show cause notice dated 27 June 1997 issued by the Co...

High Court

Bombay High Court Allows Employer's Appeal in Industrial Dispute Case Due to Unexplained Delay and Prejudice. The court held that stale claims should not be entertained and that writ courts should not re-appreciate evidence.

3 Oct 2017

The case involves an appeal by Western Coalfields Ltd. (employer) against a judgment of a learned Single Judge of the Bombay High Court, which allowed...

High Court

High Court of Karnataka Allows Appointment of Arbitrator in Construction Dispute — Arbitration Clause Survives Despite Completion of Work. Clause 21 of Agreement dated 05/09/1988 constitutes valid arbitration agreement under Section 11(6) of Arbitration and Conciliation Act, 1996.

20 Sep 2016

The petitioners, Srinivasa Construction (a registered partnership firm) and its partners, filed a petition under Section 11(5) and (6) of the Arbitrat...

High Court

Karnataka High Court Dismisses Employer's Appeal in Industrial Dispute Case. Termination of Workmen Without Domestic Enquiry Held Illegal, Reinstatement with Back Wages Upheld Under Section 11-A of Industrial Disputes Act, 1947.

13 Jul 2016

The appellant, Gulbarga Electricity Supply Company (GESCOM), a statutory body, employed the respondents as Junior Assistants/Ledger Maintenance. The r...

High Court

Bombay High Court Dismisses Suit Challenging Expulsion of Club Member — Expulsion Upheld as Valid and Not Violative of Natural Justice. Member's Defamatory Conduct and Misconduct Justified Expulsion Under Club Bye-laws.

31 Jul 2013

The Plaintiff, Jaisingh Choraria, a member of The National Sports Club of India since 1989, filed a suit challenging his expulsion from the Club. The ...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind to Witness Statements. The court held that the detaining authority failed to properly consider in-camera statements, violating the detenu's right to make an effective representation under Article 22(5) of the Constitution.

14 Mar 2013

The petitioner, Ravi Hanumant Thorat, brother-in-law of the detenu Sahadeo @ Sada Laxman Dhavare, challenged the validity of a preventive detention or...

High Court

Bombay High Court Allows Workmen's Petitions Challenging Denial of Wages Under Section 17B of Industrial Disputes Act, 1947 — Closure of Establishment Not a Ground to Deny Wages During Pendency of Employer's Challenge to Reinstatement Award.

30 Nov -0001

The present batch of writ petitions was filed by workmen challenging the order of the Industrial Court, Kolhapur, which while staying the execution of...

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