Search Results for "unconstitutional termination"

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

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High Court of Karnataka Dismisses Writ Petition Seeking Mandamus for Release of Contractual Payment Due to Disputed Facts. Court holds that disputed questions of fact regarding work completion and measurement cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution of India.

The petitioner, M/s. GVPR Engineers Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction in the nat...

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Bombay High Court Dismisses Petitions Challenging Section 9A of Maharashtra Municipal Councils Act Requiring Caste Validity Certificate for Councillors. Provision Held Valid as It Is a Reasonable Classification to Prevent Fraud on Reservation and Does Not Violate Articles 14 and 243T.

The petitioners, elected councillors of Jalna Municipal Council from reserved categories, challenged the constitutional validity of Section 9A of the ...

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Supreme Court Clarifies Prospective Overruling in Bonus Marks Case for Teacher Appointments in Rajasthan. The Court held that only writ petitioners who moved the High Court before November 18, 1999, are entitled to relief, and appointments made before that date are saved.

The Supreme Court of India heard two civil appeals arising from conflicting decisions of the Rajasthan High Court regarding the interpretation of the ...

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Bombay High Court Upholds Reinstatement of HIV-Positive Driver in MSRTC — Discrimination Based on HIV Status Violates Right to Equality and Right to Life. Termination of Driver Solely on Ground of HIV Positivity Set Aside as Unconstitutional and Contrary to National AIDS Policy.

The petitioner, a driver employed by the Maharashtra State Road Transport Corporation (MSRTC), was terminated from service after being tested positive...

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Bombay High Court Allows Writ Petitions of MSRTC Employees Challenging Termination Without Inquiry. Termination of daily-rated employees without compliance with Section 25F of Industrial Disputes Act, 1947 and principles of natural justice is illegal.

The judgment concerns three writ petitions filed by daily-rated employees of the Maharashtra State Road Transport Corporation (MSRTC) challenging thei...

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Bombay High Court Allows Writ Petitions Challenging Termination of Apprentice Employees in Zilla Parishad — Violation of Natural Justice and Section 25F of Industrial Disputes Act, 1947. Termination of apprentices without inquiry or notice held illegal as they were 'workmen' under the Act.

The judgment concerns a batch of writ petitions filed by 21 individuals who were engaged as apprentices by the Zilla Parishad, Wardha, under the Appre...