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Bombay High Court Quashes 'C' Summary Report in Cheating Case — Directs Further Investigation Under Section 173(8) CrPC. Court finds that the investigating officer failed to examine crucial documents and witnesses, rendering the summary report premature and based on incomplete investigation.

The petitioner, Dharmil Anil Bodani, filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Crim...

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Special Court Accepts 'B' Summary Report in Securities Fraud Case — Mistake of Fact Found. Complaint under Sections 406, 409, 420 IPC against accused for alleged misappropriation of mutual fund investments closed as investigation revealed no criminal intent.

The case was initiated on a complaint by Sudhir Manjrekar, the constituted attorney of Canbank Mutual Fund, against Shrenik K. Jhaveri alleging offenc...

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Bombay High Court Dismisses Management's Petitions Challenging School Tribunal's Order Quashing Termination of Teacher. Repeated Denovo Enquiries After Earlier Enquiries Are Quashed for Non-Compliance of Rules 36/37 of MEPS Rules, 1981 Are Impermissible.

The judgment involves two writ petitions filed by the Head Master (brother of the President) and the President of the educational institution, challen...

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Bombay High Court Quashes Dismissal of Teacher Due to Procedural Lapses in Departmental Enquiry under MEPS Act. Non-payment of subsistence allowance and failure to follow statutory enquiry procedure vitiated the termination, violating principles of natural justice under MEPS Rules, 1981.

The matter concerned a challenge by a secondary school teacher to his termination by the management of a private school. The teacher was appointed on ...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement Order in Service Dispute. Enquiry Vitiated Due to Non-Supply of Statement of Allegations with Chargesheet Under MEPS Rules, 1981.

The petitioners, Gramin Shikshan Prasarak Mandal and its Secretary, filed a writ petition challenging the order of the School Tribunal which allowed t...

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Bombay High Court Dismisses Management's Petitions in Teacher Termination Case. Repeated Denovo Enquiries After Quashing for Non-Compliance of MEPS Rules 36 and 37 Are Not Permissible.

The case involves two writ petitions filed by the Head Master (brother of the President) and the President of an educational institution challenging t...

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High Court of Judicature at Bombay Quashes Labour Court Order and Reinstates Employee in Writ Petition. Dismissal Set Aside Due to Vitiated Enquiry and Perverse Findings Violating Principles of Natural Justice under Model Standing Orders.

The matter arose from an industrial dispute wherein the employee was dismissed after a disciplinary enquiry. The employee had been suspended on 8 Sept...

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Bombay High Court Quashes Termination of Permanent Teacher for Violation of Natural Justice in Disciplinary Proceedings. School Tribunal's Dismissal of Appeal Set Aside as Enquiry Committee Report Not Furnished to Employee Before Termination.

The petitioner, Vijaysingh s/o Bhaidas Patil, was a permanent Junior College Teacher employed by Shri Dhanorkar Adhunik Gram Jeevan Shikshan Prasarak ...

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Bombay High Court at Goa Allows Appeal in Inventory Proceedings Due to Non-Compliance with Summary Inquiry Requirement. Section 400(5) of Goa Succession Act, 2012 Mandates Summary Inquiry Before Disposal of Objections; Order Set Aside and Matter Remanded.

The appeal was filed against an order dated 31.08.2019 passed by the Inventory Court disposing of objections raised at Exhibits 46, 49, and 54 by inte...