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Supreme Court Sets Aside Dismissal of Judicial Officer for Granting Bail and Acquitting Accused, Holding That Wrong Orders Alone Do Not Constitute Misconduct. Disciplinary Action Requires Proof of Extraneous Considerations or Corrupt Motive, Not Mere Errors of Judgment.

The Supreme Court allowed the appeal filed by the legal representatives of the deceased judicial officer, Krishna Prasad Verma, against the State of B...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Injunction and Possession. The court held that under Article 227 of the Constitution of India, interference with concurrent findings of fact is not warranted unless there is a perverse finding or patent error of law.

The petitioner, Zircon Venture Cooperative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the ...

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Supreme Court Upholds Territorial Limitation of Sales Tax Exemption After State Bifurcation. Benefit of exemption/deferment granted under unified Madhya Pradesh is confined to the state where the industrial unit is located and does not extend to inter-state transactions with the other successor state.

The Supreme Court considered a batch of appeals arising from the bifurcation of the State of Madhya Pradesh into the reorganised State of Madhya Prade...

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Bombay High Court Dismisses Review Petition in Nariman Point Car Parking Project Case — No Error Apparent on Record. Review jurisdiction under Order 47 Rule 1 CPC is limited to errors apparent on the face of the record and cannot be used as an appeal.

The petitioners, Nariman Point Association and another, filed a review petition under Article 226 of the Constitution read with Order 47 Rule 1 of the...

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Supreme Court Upholds High Court Remand in Industrial Dispute Over Transfer of Employment. Contract of Service Held Not Transferable Unilaterally; Dismissal by Transferee Establishment Invalid Absent Termination of Original Employment Under C.P. & Berar Industrial Disputes Settlement Act, 1947.

The appeal arose from an industrial dispute where Respondent No. 1, originally employed in the appellant-firm's factory at Kamptee, was later directed...

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Supreme Court Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...

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Supreme Court Upholds Termination of Temporary Civil Judge's Services Under M.P. Temporary Service Rules, 1960. Order Found Non-Punitive and Article 311 Not Attracted as It Did Not Cast Any Stigma.

The appeal arose from a writ petition filed by a temporary Civil Judge in the State of Madhya Pradesh challenging the termination of his services. The...

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Supreme Court Upholds Compulsory Retirement of Railway Protection Force Constable for Gross Neglect of Duty and Abuse of Authority. High Court's Reinstatement Order Set Aside for Exceeding Writ Jurisdiction by Reappreciating Evidence.

The case arose from disciplinary proceedings against Rajendra Kumar Dubey, a Constable in the Railway Protection Force (RPF), who was charged with gro...