Topic

standard of proof

2 articlesLatest March 2026
Section 4(6)(b)(ii) Payment of Gratuity Act | Disciplinary Misconduct Alone Suffices for Gratuity Forfeiture Without Criminal Conviction : Calcutta HC
Case Law Analysis
|Calcutta High Court

Section 4(6)(b)(ii) Payment of Gratuity Act | Disciplinary Misconduct Alone Suffices for Gratuity Forfeiture Without Criminal Conviction : Calcutta HC

Calcutta High Court rules that proven gross misconduct in disciplinary proceedings is sufficient to forfeit gratuity under Section 4(6)(b)(ii) of the Payment of Gratuity Act, 1972, even without a criminal conviction. The ruling clarifies that procedural lapses in notice are curable, reinforcing employers' rights to withhold gratuity for serious misconduct.

Departmental Enquiry | Visual Comparison of Photos Without Expert Evidence Invalidates Selection Cancellation : Bombay HC
Case Law Analysis
|Bombay High Court

Departmental Enquiry | Visual Comparison of Photos Without Expert Evidence Invalidates Selection Cancellation : Bombay HC

The Bombay High Court has ruled that cancelling a Talathi selection based solely on visual comparison of photographs and signatures-without expert analysis or corroborative testimony-violates natural justice and is legally unsustainable. This sets a critical precedent for all public recruitment processes, requiring substantive evidence over subjective assessment in disciplinary and selection disputes.