12 August 2024

Search Results for Tag : Enquiry

International Cases

When law required a thing to be done in a particular manner, same must be done accordingly, and, if prescribed procedure was not followed, it was assumed that, it had not been legally done(14.03.2018)

In facts of present case, 'Complainant' filed a complaint with Commission for alleged violations of Section 10 of Competition Act, 2010/Act. Complaina.....

Tags : Enquiry, Initiation, Powers, Commission

Party in possession of the relevant information is best placed to interrogate a particular witness(08.03.2023)

The issue in present case is whether only the Master of the high Court, and no one else, may examine witnesses subpoenaed at an enquiry convened by th.....

Tags : Witness, Enquiry, Examination

Judgments

Departmental Enquiry cannot be proceeded/continued after attaining superannuation age in absence of any provision Withholding of the gratuity can therefore be only if there be the provisions for withh(01.08.2016)

It is the case of the petitioner that he has rendered more than 32 years of service with unblemished record. His performance has been appreciated by R.....

Tags : Departmental enquiry, Validity, Superannuation age

Departmental Enquiry cannot be proceeded/continued after attaining superannuation age in absence of any provision(01.08.2016)

Withholding of the gratuity can therefore be only if there be the provisions for withholding it in the Act or if there being any service condition .....

Tags : Departmental enquiry, Validity, Superannuation age

Registrar is competent to hold an inquiry into the affairs of any Society(19.09.2019)

The Petitioner No. 1 is a registered Cooperative Society. The Petitioners are aggrieved by the issuance of memo being Nos. 2555/1(2)/1-1212/76 dated 1.....

Tags : Mismanagement, Enquiry, Competency

CIT(A) has no power to dismiss an appeal on account of non-prosecution, without discussing the merits of the case(20.10.2022)

The brief facts of the case are that the return of income was filed by the assessee declaring total income of Nil in the status of AOP (Trust), after .....

Tags : Assessment, Enquiry, Obligation

Open enquiry at pre-FIR Registration stage in cases relating to allegations of corrupt practice is permissible(24.03.2021)

Appeal was against impugned judgment passed by the High Court by which the High Court has dismissed the writ petition challenging notice dated 4th Mar.....

Tags : Pre-FIR Registration, Enquiry, Validity

News

SC: WB Govt to Show Restraint and Wait Before Proceeding Into Judicial Enquiry(25.08.2021)

Supreme Court has observed that it expected the West Bengal Government to 'show restraint' and wait before proceeding with the judicial enquiry ordere.....

Tags : Supreme Court, Judicial Enquiry Into Pegasus Issue

J&K&L HC: Temporary Employees Cannot be Terminated Without Conducting Proper Enquiry(19.07.2022)

Jammu and Kashmir and Ladakh High Court has held that a temporary employee also stands protected under the provisions of Article 311 of the Constituti.....

Tags : Jammu and Kashmir and Ladakh High Court, Temporary Employee, Enquiry

Supreme Court: High Court Should not Embark Upon Enquiry Into Validity of Available Evidence(06.12.2019)

Supreme Court has reiterated that while invoking the power under Section 482 of Code of Criminal Procedure, 1973 for quashing a complaint or a charge,.....

Tags : Supreme Court, Enquiry

SC: Employee Dismissed After Disciplinary Proceeding Can’t be Reinstated Merely Because of Acquittal(05.09.2022)

Supreme Court has held that an employee who was dismissed from service pursuant to disciplinary enquiry cannot be reinstated merely because he is acqu.....

Tags : Supreme Court, Disciplinary Enquiry, Acquittal

Kar. HC: O21 R97 Appln. Can be Dismissed if Obstructor Fails to Show prima facie Right or Interest(26.10.2023)

Karnataka High Court has held that executing court can dismiss the application under Order 21 Rule 97 of CPC, without holding an enquiry if it is not .....

Tags : Karnataka High Court, Obstructor, Enquiry

Supreme Court Explains Scope of Enquiry by Labour Court(17.10.2019)

Supreme Court has observed that a Labour Court or Tribunal while holding enquiry under Section 33(2)(b) of the Industrial Disputes Act, 1947 cannot in.....

Tags : Supreme Court, Enquiry

Del. HC: Disclosure of CBI’s Report Not Within the Ambit of RTI(10.10.2023)

Delhi High Court while observing that Section 8(1)(h) of RTI Act exempts information which will impede process of investigation, has held that CBI’s E.....

Tags : Delhi High Court, RTI, CBI’s Enquiry Report

Allahabad High Court Orders Enquiry into Lucknow District Court Violence Incident(19.11.2021)

Allahabad High Court has ordered an inquiry into the violent behavior of the lawyers outside the Lucknow District Court campus on October 30, stressin.....

Tags : Allahabad High Court, Enquiry into Lucknow District Court Violence Incident

Madras HC: Under Writ Jurisdiction, No Interference with Preliminary Enquiry Ordered by CCI(10.01.2022)

Madras High Court has held that under the writ jurisdiction there should be no interference with a preliminary enquiry ordered by the Competition Comm.....

Tags : Madras High Court, Interference with Preliminary Enquiry Ordered by CCI

Allahabad High Court: Custodial Death Matters To Be Viewed With Great Sensitivity(10.01.2022)

Allahabad HC has observed that custodial death matters has to be viewed with the greatest sensitivity and concern and judicial inquiry u/s 176 (1)A of.....

Tags : Allahabad High Court, Judicial Enquiry, Custodial Death

J&K&L HC: Can’t Challenge Enquiry Committee’s Proceeding After Taking Part in it Without Objection(27.12.2022)

Jammu and Kashmir and Ladakh High Court has held that a person is not entitled to challenge the constitution of the enquiry committee after finding th.....

Tags : Jammu and Kashmir and Ladakh High Court, Enquiry Committee, Objection

All. HC: When Enquiry Being Held Against Large Number of Persons, Individual Enquiry Not Necessary(30.01.2024)

Allahabad High Court has held that when enquiry proceedings are being held against large number of persons, it is not always necessary to hold a detai.....

Tags : Allahabad High Court, Individual Enquiry, Enquiry Proceedings

Bombay High Court: Enquiry Can be Initiated Just on Evidence in Absence of Written Complaint(08.05.2018)

Bombay High Court has held that departmental enquiry can be initiated against a judicial officer if there was verifiable material to substantiate the .....

Tags : Bombay High Court, Departmental Enquiry

Delhi HC: Findings of Departmental Enquiry Can’t be Challenged on Grounds of Adequacy(20.01.2023)

Delhi High Court has held that findings of disciplinary proceedings cannot be challenged by the employee under Article 226 on the grounds of adequacy .....

Tags : Delhi High Court, Departmental Enquiry, Challenged, Adequacy

Allahabad HC Lays Down Procedure for Enquiry into Criminal Antecedents of Candidate(06.04.2021)

Allahabad High Court has laid down the procedure to be adopted by the competent authority for inquiring into the criminal antecedents of a candidate f.....

Tags : Allahabad High Court, Enquiry into Criminal Antecedents of Candidate

SC: Employee Getting Terminated Without Disciplinary Enquiry Violates Principles of Natural Justice(19.04.2024)

Supreme Court while reinstating the Registrar at GB Pant Institute of Engineering and Technology, has held that termination of services of an employee.....

Tags : Supreme Court, Disciplinary Enquiry, Natural Justice, Termination

Del. HC: Dept. Enquiry Against Sameer Wankhede Won’t Rely on Evidence Recorded In Special Enquiry(14.03.2024)

Delhi High Court in the Cordelia cruise drugs case has clarified that the departmental enquiry to be held against Sameer Wankhede will not rely on the.....

Tags : Delhi High Court, Cordelia Cruise Drugs Case, Departmental Enquiry

JKL HC: Counter-Signing Authority's Denial Won't Lead to Termination Without Enquiry(13.03.2023)

Jammu and Kashmir and Ladakh High Court has held that when issuing authority verifies the experience certificate, mere denial of counter signature on .....

Tags : Jammu and Kashmir and Ladakh High Court, Termination, Counter Signing, Enquiry

Kar. HC: If Source Report Makes Out Prima Facie Case, Preliminary Enquiry Isn’t Mandatory(31.05.2024)

Karnataka High Court has observed that if a source report makes a prima facie case against the accused then preliminary enquiry is not mandatory befor.....

Tags : Karnataka High Court, Preliminary Enquiry, Prima Facie Case, Source Report

SC: Can’t Exercise Judicial Review to Re-Appreciate Evidence in Departmental Enquiry(05.06.2023)

Supreme Court while observing that Constitutional Court while exercising judicial review can’t decide case as if it is the first stage of the case, ha.....

Tags : Supreme Court, Judicial Review, Evidence, Departmental Enquiry

Kar. HC: Exoneration in Departmental Enquiry Will Not Come in Way of Criminal Trial Against a Person(30.07.2024)

Karnataka High Court has held that if an employee accused of accepting and demanding bride is exonerated in a departmental enquiry, it shall not come .....

Tags : Karnataka High Court, Departmental Enquiry, Criminal Trial

SC: Detailed Enquiry Into Merits of Allegations Not Warranted While Exercising Jurisdiction(04.08.2021)

Supreme Court has reiterated that a detailed enquiry into the merits of the allegations is not warranted while exercising jurisdiction under Section 4.....

Tags : Supreme Court, Detailed Enquiry Into Merits of Allegations

CG HC on Compassionate Appt: Enquiry on financial dependency can’t be done if Kin is in Govt Service(22.06.2023)

Chhattisgarh High Court has held that Court cannot order enquiry to determine dependency of other family members upon a family member who is already a.....

Tags : Chhattisgarh High Court, Compassionate Appointment, Enquiry, Dependency

Del. HC: Preliminary Enquiry Against Unknown Persons Not Strictly Barred Under PC Act(13.09.2024)

Del. HC has stated that preliminary enquiry against unknown persons may not be strictly barred under S. 17A of PC (Amendment) Act, 2018, if offenders .....

Tags : Delhi High Court, Unknown Persons, Preliminary Enquiry

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