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Judgments and Orders

Withholding the payment of gratuity due to disciplinary proceedings and dismissal after superannuation - Landmark Cases!

 01 June 2020

Apex Court held that in view of Rule 34.2 of the CDA Rules, even a retired employee who was permitted to retire on attaining the age of superannuation can be subjected to major penalty, provided the disciplinary proceedings were initiated while the e..

Posted in Labour & Service Law |   2751 hits

Whether a notice to a proposed accused in the course of investigation by a police officer under Section 202 Cr.P.C is valid or not?

 30 May 2020

Ramesh Sobti filed a petion challenging the notice issued to him to appear before the officer-in-charge in the matter of pending investigation in a criminal complaint filed by Respondent. ..

Posted in Others |   1178 hits

Jessica Lal Murder Case

 30 May 2020

The Hon’ble Supreme Court observed that the information given by any individual on telephone to the police is not for the purpose of lodging a First Information Report, but rather to request the police to reach the place of occurrence, whereas the in..

Posted in Others |   1211 hits

Whether a Court can pass an interim order not to arrest the applicant, where an application under Section 438 of the Code is pending disposal?

 30 May 2020

The facility which Section 438 of the Code provides is generally referred to as Anticipatory bail. The present case the Hon’ble Supreme Court rejected the application to seek protection under Section 438 of the Code, the only remedy available to the ..

Posted in Others |   929 hits

Whether the father of deceased victim have the right to appeal?

 29 May 2020

The High Court upheld the trial court's decision of acquittal of all the accused persons and while concluding judgment, mechanically disposed of the appeal by passing an order without examining as to whether the leave to file an appeal filed by the A..

Posted in Others |   1206 hits

Maintenance to wife may be paid in installment, if the same has not yet been paid

 29 May 2020

Asserting cruelty and renunciation against the spouse, the appellant (wife), moved to the Family Court under Section 13 of the Hindu Marriage Act, petitioning court for disintegration of her marriage with the respondent by a pronouncement of separati..

Posted in Family Law |   687 hits

Whether presumption of a valid marriage would give the woman the right to maintenance under Section 125 of the CrPC?

 29 May 2020

The Hon’ble Court in this present case held, that a broad and expansive interpretation should be given to the term 'wife' to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of ..

Posted in Others |   884 hits

Whether woman unlawfully married to be treated as 'wife' and entitled to maintenance u/s 125 Cr.P.C?

 28 May 2020

It is the intention of the legislature which is relevant and not the attitude of the party. The principle of estoppels cannot be pressed into service to defeat the provision of Sec. 125 of the Cr PC. In the instant case the evidence on record has be..

Posted in Others |   779 hits

Whether a Bigamous child entitled to maintenance under Section 125 Code of Criminal Procedure?

 28 May 2020

The Supreme Court concluded that Even though bigamous marriage is illegal u/s 11 of the Hindu Marriage Act, 1955 but when after such marriage Hindu male and female are living together for a number of years as husband and wife, the child born as a res..

Posted in Others |   1153 hits

Whether daughter is liable to pay maintenance to parents?

 27 May 2020

In the present case the Supreme Court held that the daughter is liable to pay maintenance to parents. It was concluded by the court that a liability on both the son and the daughter to maintain their father or mother who is unable to maintain himself..

Posted in Others |   3840 hits

Whether an appeal against conviction can be challenged against an order of acquittal?

 26 May 2020

In the present case it was clear that a person alleged to be suffering from any mental disorder cannot be exempted from criminal liability ipso facto. The onus would be on the accused to prove by expert evidence that he is suffering from such a menta..

Posted in Others |   750 hits

Neither the judge, nor the accused, nor the petitioner can bargain with the court with regard to the reduction of sentence

 26 May 2020

Courts cannot dispose criminal cases on the basis of plea bargaining, it has to be done on merits. It is the duty of the courts to award proper sentence keeping in mind the nature of offence and the manner in which it was committed. Undue sympathy to..

Posted in Others |   969 hits

Case: Mohammed Mujeeb v. State of Electronic City PS

 25 May 2020

The Karnataka High Court held that the case is not fit to grant bail, and the petition was dismissed. The single judge bench pointed out that the petitioner is an educated man and is aware of his consequences of his acts. His contents was likely to c..

Posted in Others |   848 hits

Beauty aids resulting in 'Positive tests'

 25 May 2020

Several Articles and Provisions of the WADA code related to the presence of the prohibited substances in the system of the concerned athlete and costs incurred in these proceedings along with the period of ineligibility were read and applied in the p..

Posted in Others |   997 hits

Whether an Article II court can pass an order requiring the government to develop a plan to regulate fossil fuel emissions

 25 May 2020

This climate change lawsuit could have been a potential landmark Law Suit, provided the plaintiffs won. The initial ruling by Judge Aken, considering a person’s access to a ‘climate system capable of sustain human life’ as a constitutional right was ..

Posted in Others |   731 hits

Whether an earning spouse can claim maintenance under Section 125 of Cr.P.C?

 25 May 2020

The Hon’ble Supreme Court said that where the husband had placed material to show that the wife was earning some income it is not sufficient to rule out the application of Sec. 125 Code of Criminal Procedure. It has to be established that with the am..

Posted in Others |   1087 hits

Whether the Court has power to summon an accused not named in FIR?

 25 May 2020

R.D. Sharma, the Project Director of a scheme under the Mahatma Gandhi National Rural Employment Guarantee Act filed a complaint against One Rahul Yadav, a Junior Clerk in the Amroha Office and one Omkar Singh alleging that they had embezzled an amou..

Posted in Others |   832 hits

Supreme Court: An arbitral award can be set aside if it is "Patently illegal"

 25 May 2020

In the case of PATEL ENGINEERING LTD.VERSUS NORTH EASTERN ELECTRIC POWER CORPORATION LTD. (NEEPCO) (SLP 577 OF 2020), the High Court of Meghalaya passed an order declining to review petitions filed by the petitioner on the ground that there was a del..

Posted in Others |   1073 hits

Madras HC quashes complaints of criminal defamation filed under section 199(2) of CrPC: The state cannot use criminal defamation cases to throttle democracy

 25 May 2020

Madras High Court in the case of N.Ram and ors. vs UOI and ors., quashed the complaints filed in 2012 against a group of editors and journalists alleging “criminal defamation against the state” in few reports against J Jayalalitha, the then Chief Min..

Posted in Others |   894 hits

Typographical error doesn't vitiate the whole doping trial

 23 May 2020

The Arbitrator found that the errors that were alleged were purely typographical and cannot be assumed to have had an impact on the integrity of the tests that were conducted. These errors were not so fundamental that they require action against the ..

Posted in Others |   795 hits