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Search Results for "Disqualification"

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Supreme Court

Supreme Court Upholds Disqualification of MLA for Voluntarily Giving Up Party Membership Based on Newspaper Reports and Lack of Specific Denial. Speaker's reliance on newspaper reports and photographs held sufficient to infer voluntary abandonment of party membership under Tenth Schedule.

8 Dec 2021

The appellant, Shri Kshetrimayum Biren Singh, was elected as a Member of the Manipur Legislative Assembly in March 2017 as a candidate of the Indian N...

Supreme Court

Supreme Court Quashes High Court's Substitution of Penalty in CRPF Disciplinary Case Due to Abuse of Judicial Discretion and Statutory Non-Compliance. Judicial Review Under Article 226 Must Respect Statutory Mandate Under Section 11(1) of the Central Reserve Police Force Act, 1949 and Rule 27 of the Central Reserve Police Force Rules, 1955, with Punishment Commensurate to Misconduct Involving Violence and False Allegations.

11 Nov 2021

The dispute arose from disciplinary proceedings against a constable in the Central Reserve Police Force (CRPF) who was charged with misconduct under R...

Supreme Court

Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Arbitrator's Post-Retirement Mandate. Construction contract arbitration clause did not terminate arbitrator's mandate upon retirement, and respondents' participation waived objection to continuation under Indian Arbitration Act, 1940.

20 Sep 2021

The dispute originated from a construction contract dated 06.02.1988 between M/s Laxmi Continental Construction Co. and the State of U.P., involving e...

Supreme Court

Supreme Court Allows Employer's Appeal in Termination Case Based on Suppression of Criminal Conviction. Termination upheld as employee fraudulently concealed conviction under Sections 341 and 323 IPC at time of application and verification, despite later grant of benefit under Section 12 of Probation of Offenders Act, 1958.

17 Sep 2021

The dispute arose from the termination of an employee by Rajasthan Rajya Vidyut Prasaran Nigam Limited for suppressing material facts regarding his cr...

Supreme Court

Supreme Court Dismisses Appeal in Tender Dispute, Upholding Limited Judicial Review Under Article 226 of Constitution of India. The Court Reiterated That Judicial Interference in Tender Awards is Restricted to Cases of Arbitrariness or Irrationality, and Courts Must Defer to the Tendering Authority's Interpretation of Contract Terms.

17 Sep 2021

The Supreme Court of India addressed a civil appeal concerning the scope of judicial review in tender matters under Article 226 of the Constitution. T...

Supreme Court

Supreme Court Upholds High Court's Appointment of Arbitrator in Arbitration Dispute Over Distributorship Agreement. The Court affirmed that Section 12(5) of the Arbitration and Conciliation Act, 1996, applies to ensure arbitrator neutrality, overriding prior arbitration clauses that designate potentially biased arbitrators, such as a party's Chairman.

9 Sep 2021

The dispute arose from a distributorship agreement dated March 31, 2015, between Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited (the petitioner) and ...

Supreme Court

Supreme Court Dismisses Appeal in Community Certificate Cancellation Case Upholding District Vigilance Committee's Order. The Court held that the State Level Scrutiny Committee had jurisdiction to remand the matter for fresh inquiry under reconstituted committees and guidelines, and the cancellation was based on proper evidence.

2 Sep 2021

The dispute arose from the cancellation of a community certificate issued to the Appellant, who claimed to belong to the Valluvan community, a Schedul...

Supreme Court

Supreme Court Dismisses Appeal in Panchayat Samiti Party Leadership Dispute Under Maharashtra Local Authorities Members Disqualification Act. District Collector's Approval of New Party Leader Upheld as Valid Based on Majority Resolution and Definition of Panchayat Samiti Party Under Section 2(l).

1 Sep 2021

The dispute arose from the removal of the appellant as Party Leader (Gatneta) of the INCPS Party, a Panchayat Samiti party formed by members elected o...

Supreme Court

Supreme Court Quashes High Court Order for Recovery and Police Complaints in Tender Dispute. The Court held that recovery of payments to successful tenderer is premature without due process and that public interest litigation cannot be initiated by business competitor with personal grievance, directing contractual performance instead.

17 Aug 2021

The dispute arose from a tender process for purchase of E-learning kits under the Sarva Shiksha Abhiyan scheme by Zilla Parishad, Washim. The appellan...

Supreme Court

Supreme Court Dismisses Appeal in Scheduled Tribe Caste Claim Case Under Maharashtra Caste Certificate Act. Caste Scrutiny Committee's Finding That Appellant Did Not Belong to 'Halba' Tribe Upheld, With Benefits Subject to Withdrawal Under Section 10 of Maharashtra Act 23 of 2001.

10 Aug 2021

The appeal arose from a judgment of the High Court of Bombay, Nagpur Bench, which upheld the decision of the Caste Scrutiny Committee negating the app...

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