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Gujarat High Court Quashes Transfer Order as Cadre-Changing and Punitive. Transfer from Field Worker to Attendant Post Violates Service Rules and Natural Justice.

The petitioner, Amitbhai Dineshchandra Parmar, was appointed as a Field Worker (A) in the Malaria Department of the Corporation on 3.1.1998. He served...

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Bombay High Court Allows Writ Petitions Challenging PMLA Attachment — Section 32A IBC Immunity Overrides Provisional Attachment Order Under PMLA. Resolution Plan Approved for Corporate Debtor Shields Assets from Enforcement Directorate's Attachment.

The judgment concerns two writ petitions: one by individuals (Shiv Charan, Pushpalata Bai, and Bharti Agarwal) challenging a provisional attachment or...

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Madras High Court Allows Department's Appeal in CISF Disciplinary Matter, Setting Aside Directions to Appellate Authority. Writ Court's Order to Consider Specific Judicial Observations in Statutory Appeal Held Unwarranted as Pending Remedy Must Be Exhausted Without Interference.

The appellant, an Inspector in the Central Industrial Security Force (CISF), was subjected to disciplinary proceedings following alleged misconduct du...

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Supreme Court Quashes High Court Judgment in Tender Dispute, Reinstates Award to Lowest Bidder. The High Court exceeded its jurisdiction by substituting its interpretation of tender conditions for that of the tendering authority, violating principles of judicial review under administrative law.

The dispute arose from a Tender Call Notice dated 30.12.2019 issued by the Office of the Superintendent, SCB Medical College and Hospital, Cuttack, fo...

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Bombay High Court Allows Bank's Petition in Dishonour of Cheque Case — Sets Aside Return of Complaint on Jurisdictional Grounds. Presentation of Cheque for Collection and Issuance of Statutory Notice at Mumbai Confer Jurisdiction Under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, HDFC Bank Ltd. (formerly Centurion Bank of Punjab Ltd.), filed three criminal complaints under Section 138 read with Section 141 of th...

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Bombay High Court Quashes Industrial Court Order Directing Deposit of Gratuity in Termination Challenge — Payment of Gratuity Act, 1972 Does Not Require Deposit of Gratuity Received as Condition for Adjudication of Termination Dispute

The petitioner, Sheikh Mehmood, was employed as a Typist with respondent Nos.1 and 2 (M/s Universal Medikit Private Ltd. and its Chairman) from 29 Jul...

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High Court of Karnataka Considers Writ Petition Against Industrial Tribunal Award on Retirement Age in Industrial Disputes Act Cases. Employee of Amalgamated Company Seeks Retirement at 58 Years Despite Unit-Specific Standing Orders of 55 Years.

The petitioner, a company incorporated under the Companies Act, 1956, operated two independent industrial establishments: the Hosur Road unit and the ...

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Bombay High Court Allows Appeal by Employer in Industrial Dispute — Tribunal Award Set Aside for Lack of Jurisdiction. The Court held that the Industrial Tribunal had no jurisdiction to entertain the reference as the dispute was not an industrial dispute under the Industrial Disputes Act, 1947.

The present appeal is directed against the order passed by the learned Single Judge in Writ Petition No.4009/1997, on 19th of September, 2007. The pre...