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Benefit of maternity leave with allowance to Contractual employee
Legal Principles Regarding First Appeal S. 96 of Civil P C
Deceased travelling in train after consuming liquor and without any valid pass/ticket is not a bonafide passenger and no compensation can be granted for his death in railway accident
In absence of any proof of suicide, incident of train hitting a bonafide passenger leading to his instant death, would amount to an untoward incident
Roznama entry passed by Presiding Officer cannot be considered as judgment and decree
Judgement
Conviction under S. 411 IPC for dishonestly receiving stolen property is invalid when the accused persons are acquitted under S. 379 IPC for theft arising from the same transaction.
AIR 2025 SC 3890 : AIROnline 2025 SC 760
Legal principles
"In a criminal prosecution, the initial burden is always on the prosecution to discharge.",
"Conviction under Section 411 IPC requires that the property is proved to be stolen property.",
"If the prosecution fails to establish
Benefit of maternity leave with allowance to Contractual employee
Legal Principles Regarding First Appeal S. 96 of Civil P C
Deceased travelling in train after consuming liquor and without any valid pass/ticket is not a bonafide passenger and no compensation can be granted for his death in railway accident
In absence of any proof of suicide, incident of train hitting a bonafide passenger leading to his instant death, would amount to an untoward incident
Roznama entry passed by Presiding Officer cannot be considered as judgment and decree
Writ of mandamus can be issued to Panchayats if they are not taking strict actions against unauthorised construction
Army officer facing serious charges of indulgence in terrorist activities, not related with discharge of his official duty, cannot be discharged
Procuring medicines only from one establishment to exclusion of others, by not adopting transparent procedures such as tenders, is discouraged.
Notification of Demonetisation passed in larger public interest, satisfies test of proportionality and cannot be rendered invalid merely because some citizens suffered through hardship.
Decree of possession cannot be passed in favour of plaintiff merely because defendants were unable to fully establish their title.
Wrong monetary demand or claim does not attract offence of criminal breach of trust, in absence of proof of dishonesty and entrustment.
Power of Court to take cognizance of offence is not affected merely because copy of list of witnesses was not filed along with complaint.
Girl child aged 15-20 years undergoes biological changes and her custody cannot be granted to father.
Blacklisting of bidder for long period of time without assigning any valid reason is illegal.
Articles
Indian Army
Indian Army surgical Strike in Last Night. Â
Author Name: Anjali Deshmukh
Premium to be paid to the Collector for transfer to flats on Collector's land
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Delinquency in Juveniles: Indian Perspective
On Interpretation of Treaties—Did Mimansa Rules Reach Europe?
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Supreme Court
Merely because father is natural guardian, custody of minor cannot be handed over to him.
The minor child was in lawful custody of his grand-parents since death of mother and after his father contracted second
Termination of service for suppression of information about pending criminal case in verification roll, cannot be reversed merely due to non-issuance of show-cause notice to employee.
The appointment order of the employee clearly stated that his appointment was purely on temporary basis. in case any discrepancy
Person engaged as contractor and never worked as company employee, if dies during work, his family cannot be compensated by company as his ‘employer’.
State is responsible to compensate family of persons died due negligent act of suddenly releasing water from Dam into rivers without prior intimation.
State can relax time limit for seeking compassionate appointment, if convinced that such time limit would cause undue hardship to applicant
Central Administrative Tribunal has jurisdiction as ‘Court of first instance’ to exercise all the jurisdiction, powers, and authority, in matter relating to service dispute
In absence of any substantial defence made out by defendant to defend suit, mere illusory averments would not be sufficient to grant leave to defend suit
High Court
All High Courts ▼
Merely because father is natural guardian, custody of minor cannot be handed over to him.
The minor child was in lawful custody of his grand-parents since death of mother and after his father contracted second marriage. The minor has not spent even single day with his father till now. The father have never enquired about the minor nor visited him even on any singular occasion.
Probate of Will can be granted to its executor only when its execution is free of any suspicious circumstances.
Contractual employees are also entitled to get maternity leave benefits and refusal to pay them salary during sanctioned maternity leave is impermissible.
Suspicion, howsoever strong, cannot substitute proof beyond reasonable doubt to convict accused in cases based on circumstantial evidence.
Position of dead body in middle of railway track can only be result of being hit by train and claimant cannot be denied compensation by Railways for such untoward incident.
When there is strong evidence as regards involvement of accused in crime as against mere probability of his complicity, accused cannot question summoning order issued against him.
Bail cannot be denied to accused not alleged to be involved in continuing unlawful activity and no charge-sheet is filed against him within preceding ten years
Articles
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Indian Army surgical Strike in Last Night. Â
Author Name: Anjali Deshmukh
Premium to be paid to the Collector for transfer to flats on Collector's land
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Column
A Baby’s Modesty
A considerable sensation of academic, professional and socio-ethical interest has been evoked by the judgment of the Punjab High Court, Major Singh Lachhman Singh v. The State, AIR 1963 Punj 443 (FB), in which a girl aged only 7 1/2 months was alleged to have been raped by the
Legal Education & Legal Profession— An Introspection
No Reasons for Rumblings
Ignorantia Juris Non-Excusat - A Critical Study
Sexual Harassment Cases must be thoroughly Enquired to Check Misuse
Tax
Gig Economy
Gig Economy
Gig economy is not a new concept it is as old as formal economy. In today’s world mostly individuals prefer working like a freelancer and treat the Gig as a much-desired alternative to a routine nine-to-five job, providing them more freedom and flexibility in their work.
Opinion formed by Deputy Commissioner of Income Tax for reopening of assessment, not amenable to judicial review
S.80-IA (5) of Income Tax Act cannot be pressed into service for reading limitation of deduction under sub-section (1) of S.80-IA only to 'business income'
Tax is leviable on sale of goods released after filing bill of entry, from one State to another
Professional opportunities and social obligation of tax professionals
GST Council Approves New Rate for EV Batteries
RBI Maintains Repo Rate Amid Inflation Concerns
Know The Law
To find out 240 days of service in any preceding year, Sundays should be taken into consideration while calculating total number of working days
The bone of contention of the employer, in this case, is that in any preceding year the employee did not complete 240 days, hence the order of reinstatement in favour of the employee is not proper.
An employee working on the post of Typist as a daily wager. As per
On failure of borrower to honour payment of settlement amount as per sanction terms, benefits of RBI Circulars issued during Pandemic cannot be availed
Application for inclusion of properties in final decree proceedings is not maintainable when properties sought to be included therein are not subject matter of preliminary decree
Guidelines issued for limiting arrests to taking care of Covid-19 Patients in order to defeat deadly viruses in overcrowded prisons
Mere registration of offence against purported gang leader and members does not mean that they actually constitute a ‘gang’, so as to justify their externment
Customs usage cannot impede the rights of citizens to approach the court of law for seeking divorce
Husband Wife Aggregation Policy for posting available to public sector employees cannot be implemented in private sector as they constitute a separate class by themselves
Consumer Cases
The power of the Governor to remove the Chairman of Public Library under Andhra Pradesh Public Libraries Act, is not absolute and is subject to statutory restriction
Petitioners were appointed as Chairman and Members of State Level Public Library and District Level Public Libraries on nomination basis and their tenure of office is during the pleasure of Governor. Petitioners were terminated from services.Â
When provisions of Andhra Pradesh Public Libraries Act are analogous to Articles 310
Marriage Consent agreement executed between minors to cohabit with each other, is void and not enforceable in law
Child born out of live-in-relationship has to be construed as child born to married couple, once a woman acknowledges the biological father of child
High Court can exercise its discretion to rectify decisions, in cases where contract is terminated for irrelevant or non-existent cause
Mere continuance in service in honorary capacity, without any demur, does not give any leverage to contractual employee to claim benefits on par with permanent employee
No infringement can be claimed on the basis of part of a registered trademark
Transmission line cannot be laid down on property of land-owners without paying compensation to them
Events
Right to Health and Medical Care as a Fundamental Right
Indian Constitution guarantees right to life in Article 21 which lays down that no person shall be deprived of his life or personal liberty except according to procedure established by law. Right to life would be meaningless unless medical care is
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Introspection in the Covid times
Bail granted to accused, who does not cooperate in expeditious disposal of trial, is bound to be cancelled
Gender Equality : Turmoil or Triumph
Maai-Baap Syndrome : A reality
Hegemony of Godmen: will it ever end?
Biographical Movies of the Criminals..
International
Courts cannot recommend homoeopathic medicines for treatment of COVID-19 infection against medical protocols and guidelines framed by expert body like Indian Council of Medical Research.
The petitioners were seeking for issuance of a writ of Mandamus to Govt. of India for including the Homoeopathic medicines for treatment of the COVID-19 infections. The expert bodies like Indian Council of Medical Research have expertise in medical research and they are the best judge to decide and to
Aadhaar Authentication can be a valid condition for receiving benefit of subsidy in electricity connection
Merely because father is natural guardian, custody of minor cannot be handed over to him.
Termination of service for suppression of information about pending criminal case in verification roll, cannot be reversed merely due to non-issuance of show-cause notice to employee.
Person engaged as contractor and never worked as company employee, if dies during work, his family cannot be compensated by company as his ‘employer’.
After placement of employee itself, State cannot claim lack of employer-employee relationship and deny payment of salary on ground that employee worked elsewhere.
