S.197 CrPC seeks to protect officer from unnecessary harassment, who is accused of offence committed while acting or purporting to act in discharge of his official duties and, thus, prohibits court from taking cognizance of such offence except with previous sanction of competent authority. At the same time, such shield cannot protect corrupt officers and […]
Principles clarified re three broad sets of employers viz. (i) Employers in organised sector like industry; (ii) Employers in public sector undertakings including Boards and Corporations and other establishments which meet test of “State” within meaning of Art. 12 of the Constitution; and (iii) Central and State Governments proper as employers. As far as first
Determination of entitlement to appointment in case of offences involving moral turpitude, violent activities would depend on nature of offence charged with and result of same. Mere acquittal not sufficient but rather entitlement would depend on whether it was clean acquittal based on total absence of evidence. If acquittal is recorded in a case involving
Held, is applicable to applications preferred under S. 7 IBC once it is shown that all conditions for application of S. 14 of the Limitation Act are satisfied in the facts of the case. The conditions for exclusion of time under S.14 of the Limitation Act are that the earlier proceedings should have been for
In this case, prayer for transfer of case, declined. However, directions on manner of conducting of proceedings were issued. Trial court was directed to conduct proceedings online for effective participation of parties, if facility available. In the event, the petitioner’s presence is necessary; the court shall fix such successive/ consecutive date(s) as may be convenient
Matrimonial Dispute-Civil Procedure Code, 1908 — S. 25 — Transfer of cases Read More »
Held, there are three conditions/tests to prove the existence of mutuality: Identity of the contributors to the fund and the recipients from the fund; Treatment of the company, though incorporated as a mere entity for the convenience of the members and policy holders, in other words, as an instrument obedient to their mandate, and; Impossibility
Held, Considering the text of S. 60(5)(c) and the interpretation of similar provisions in other insolvency related statutes, NCLT has jurisdiction to adjudicate disputes, which arise solely from or which relate to the insolvency of the corporate debtor. However, in doing do, NCLT and NCLAT have to ensure that they do not usurp the legitimate
One is entitled to correction and / or modification of name recorded in the examination certificate and other changes to information contained therein. CBSE examination bye lawsrestricting scope of permissible corrections/ changes in certificates issued by it is unreasonable. Jigya Yadav v. CBSE, (2021) 7 SCC 535
Law laid down by five-Judge Bench in Hilli, (2020) 5 SCC 757 that limitation mandatorily cannot be extended beyond prescribed period of 45 days (i.e. period of 30 days along with discretionary extension of time up to 15 days), held, operates prospectively. Because the said judgment was to operate prospectively and the written statement as
In this case, as High Court exercised its power of granting ad interim protection from arrest to accused without recording any reasons,, the least that is expected by the High Court is to record some reasons as to why it chooses to exercise its extraordinary jurisdiction. Matter remitted back to High Court for decision afresh
Criminal Procedure Code, 1973 — S. 438 — Anticipatory bail Read More »
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