Digi - Legal Insights

Pension is not a discretion of employer but a valuable right to property and can be denied only through authority of law hence, bank must reconsider pension reduction with proper consultation and hearing.

Driver of commercial vehicle, which was under 7500 Kg, was validly licensed to operate it without needing additional endorsements hence, Insurance Company is to indemnify awarded compensation to claimants and recover it from vehicle owner.

As managing director of a company would be ineligible for being appointed as an arbitrator in view of Section 12(5) read with paragraph 5 in Fifth Schedule to Act, he would be ineligible to nominate a sole arbitrator.

Marriage between parties dissolved ordering decree of divorce, as both husband and wife agree not to interfere in each other's lives or businesses, avoiding harmful acts or connections with rivals.

Formal amendments to a complaint to cure clerical errors are permissible under NI Act proceedings if no prejudice is caused, and such discretion of the trial court should not be interfered with.

Criminal Procedure - Under BNSS, 2023, notices under Section 35 must be served physically as prescribed; electronic service is not permissible, unlike court-issued summons under Sections 63, 64, and 71 which may be served electronically.

Quashing of FIR - Peaceful rally or dharna, even if during Model Code of Conduct, does not attract offences under IPC Sections 290, 341, 171F or Police Act Section 34 when no public obstruction or wrongful restraint is made out, warranting quashing of proceedings.

Central Excise - Criminal prosecution for excise duty evasion can proceed independently of departmental adjudication, and setting aside of adjudication orders on procedural grounds does not bar such prosecution.

Murder - Conviction for murder cannot rest solely on uncorroborated and doubtful testimony of interested witnesses when key witnesses turn hostile and medical evidence raises reasonable doubt, entitling accused to benefit of doubt.

Quashing of proceedings - Criminal proceedings arising from a civil property dispute, filed belatedly without ingredients of cheating or forgery, amount to abuse of process and should be quashed.

Quashing of FIR  - FIR cannot be quashed merely for procedural lapses or being successive when investigation is complete and chargesheet filed, if allegations disclose cheating, conspiracy, and inducement.

Atrocities Act - In offences under the SC/ST Act, notice to the victim before granting bail is mandatory, and bail granted without such notice or proper reasoning is liable to be cancelled.

Under the Andhra Pradesh Land Grabbing (Prohibition) Act, once applicant proves prima facie ownership, burden shifts to alleged grabber, and unauthorised possession without lawful entitlement constitutes land grabbing.

Injunction cannot be granted to restrain owner from redevelopment when tenancy rights are disputed and balance of convenience favors owner, as such disputes require trial-level scrutiny.

Central Excise - Circular No. 35/2010-Cus. Clarifying simultaneous entitlement to 1%AIR customs drawback and excise rebate under Rules 18/19(2) is retrospective, applying from 2016 onwards.

Absorbed employees of electricity distribution co-operative societies are entitled to MPSEB pension from date of absorption, but pre-absorption society service is not pensionable under Madhya Pradesh Pension Rules.

Minimum service period clause with stipulated damages in public sector employment is a reasonable safeguard, not a restraint of trade, and is valid under Sections 23 and 27 of the Contract Act.

Junior Field Officers under carpet scheme not redesignated as Handicrafts Promotion Officers upon scheme closure, and Modified Assured Career Progression financial upgradation is valid alternative to promotional channel.

Once Central Armed Police Forces are declared as Organised Group A Services, all consequential benefits must follow, and such status cannot be restricted only to Non-Functional Financial Upgradation.

Personnel retired or released from Indian Military Nursing Service qualify as ex-servicemen under Punjab Recruitment of Ex-Servicemen Rules, 1982 and are entitled to notional service benefits without backwages.