Search Results for "Punitive Order"

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Supreme Court Dismisses Employee's Appeal Against Retrospective Reversion to Substantive Post Holding It Not Punishment. Reversion from Officiating Post Does Not Amount to Penal Consequence if No Forfeiture of Pay or Loss of Seniority; Belated Challenge to Seven-Year-Old Order Rightly Refused.

The case involved an appeal by a government servant against the judgment of the Judicial Commissioner's Court, Tripura, which had dismissed his writ p...

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Supreme Court Directs Matters to Final Hearing on Whether Pre-execution Challenge to COFEPOSA Detention Orders Can Be on Grounds Beyond Alka Subhash Gadia Exceptions. The Court Examined if New Grounds Such as Absence of Live Link and Delay Could Be Used to Challenge Detention Orders Before Execution.

The Supreme Court dealt with a batch of matters challenging detention orders passed under the Conservation of Foreign Exchange and Prevention of Smugg...

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Bombay High Court Quashes Stigmatic Termination of Temporary Employee Without Enquiry — Violation of Natural Justice. Termination order set aside as it contained allegations of misconduct and was passed without any opportunity of hearing or departmental enquiry.

The petitioner, Vishwanath Dnyanoba Kirade, was appointed as a Clerk on 24.7.2006 by the first respondent, Nav Akanksha Mahila Mandal, which runs the ...

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Supreme Court Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...

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Bombay High Court Dismisses Employer's Petition Challenging Interim Reinstatement Order in Unfair Labour Practice Case. Labour Court's Direction to Reinstate Workman with Full Wages Pending Complaint Upheld as Proper Exercise of Power Under Section 30(2) of MRTU & PULP Act.

The petitioner, Mahindra & Mahindra Limited, challenged an order of the Industrial Court, Mumbai dated 25th October 2005, which dismissed its revision...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Termination of Probationer Without Inquiry. Automatic Termination Clause in Appointment Letter Held Invalid as Termination Was Stigmatic and Required Domestic Inquiry Under Industrial Disputes Act, 1947.

The petitioner, WIKA Instruments India Pvt. Ltd., challenged the judgment and award of the Labour Court dated 14 November 2011, which held that the te...

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Bombay High Court Dismisses Petition Challenging Termination of Probationary Civil Judge. Termination of Probationer Without Hearing Held Permissible Under Rule 5(1) of Maharashtra Judicial Service (Recruitment) Rules, 1956.

The petitioner, Girish Satyanarayan Shukla, was appointed as a Civil Judge, Junior Division and Judicial Magistrate, First Class on 23 October 1992 an...

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Supreme Court Allows Appeal in NI Act Case Despite Complainant's Unwillingness to Compound After Full Payment. Compensatory Jurisprudence Prioritized Over Punitive Aspect Where Entire Cheque Amount and Interest Paid.

The Supreme Court allowed an appeal against the High Court's refusal to quash criminal proceedings under Section 138 of the Negotiable Instruments Act...