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Bombay High Court Upholds Termination of Driver in Sexual Assault Case — Departmental Enquiry Valid Despite Acquittal in Criminal Trial. Acquittal in criminal case does not automatically entitle reinstatement as standard of proof differs in departmental proceedings.

The petitioner, Ramesh Baburao Firode, was employed as a driver in the District Court at Shrirampur, Ahmednagar. On 28.11.2011, a complaint was lodged...

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Bombay High Court Quashes Process Against Director in Cheque Dishonour Case for Lack of Specific Allegations of Vicarious Liability. Section 141 NI Act requires specific averment that the director was in charge of and responsible for the conduct of business at the time of offence.

The applicant, Gaurav Vijay Bhatia, was arraigned as accused No. 3 in a criminal complaint filed by Ramnath P. Subramaniam (respondent No. 1) under Se...

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High Court of Judicature at Bombay Delivers Judgment in Writ Petition Filed by Probationer Judicial Officer Challenging Discharge Order. The Court Examines Whether Allegations Constituted 'Motive' or 'Foundation' for Termination.

The Writ Petition filed by a probationer Judicial Officer challenges his discharge from service. The Petitioner was appointed as Civil Judge Junior Di...

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High Court of Karnataka Quashes Bar Council Notice for Lack of Jurisdiction in Professional Misconduct Complaint — Complaint Filed by Judgment Debtor Against Decree Holder's Advocate Not Maintainable Under Section 35 of Advocates Act, 1961

The petitioner, Sri Paras Jain, an advocate practicing in Bengaluru for 44 years, filed a writ petition under Article 227 of the Constitution of India...

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Bombay High Court Considers Cross-Petitions Against Labour Court Awards Awarding Compensation to Workmen Dismissed After Strike; Maintainability of Reference Under Industrial Disputes Act and Proportionality of Punishment Examined.

The matter involved cross writ petitions arising from Labour Court awards concerning the dismissal of workmen employed by Haldyn Glass Limited. In the...

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Bombay High Court Dismisses Recusal Application by Advocate in Official Liquidator's Report — Advocate's Conduct Found Obstructive and Discourteous. Court Holds That Adverse Remarks Against Counsel Do Not Automatically Warrant Recusal Unless Bias Is Demonstrated.

The judgment arises from an application/praecipe filed by Advocate Mathews J. Nedumpara on 14th October 2014, requesting that Justice S.J. Kathawalla ...

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Bombay High Court Upholds Admission of Winding-Up Petition Against Telecom Company Due to Substratum Erosion and Deadlock. Cancellation of 2G Licences and Irreconcilable Differences Between Equal Shareholders Justify Winding-Up Under Section 433(f) of the Companies Act, 1956.

The appeal arose from an order of the company judge admitting a petition for winding up of Etisalat D.B. Telecom Limited (the company) under Section 4...