Digi - Legal Insights
SERVICE LAW
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Stand of Respondents that Petitioners illness affects the establishments efficiency and they should terminate his services, however, such a stand of Respondents cannot be countenanced as same is in teeth of provisions of Section 20 (1)(4) of Act.
ARBITRATION
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Disputes involved in Suit cannot be referred to Arbitration on account of disputes relating to redemption of mortgage being incapable of resolving through arbitration on account of absence of arbitration clause.
SERVICE LAW
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Article 30 of Constitution grants the State the right to appoint teachers, subject to eligibility conditions, but this right cannot be diluted by State insisting on appointment by Board of Directors.
SERVICE LAW
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Retired government employee is not entitled to receive gratuity until payment of penal rent.
PROPERTY LAW
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None of documents support plea of protection of possession as contemplated under Section 53-A of TP Act thus, no reason to take a different view from view expressed by Appeal Court.
SERVICE LAW
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Respondents single option was unjustified and violated Disabilities Act, 2016 hence, Respondent directed to recommend Petitioner against any vacant posts in selection process for visually impaired candidates.
CRIMINAL LAW
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Allegations under Sections 498A, 506
IPC found to be vague and motivated by family discord; proceedings quashed to
prevent abuse of process.
CRIMINAL LAW
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FIR and charge-sheet
quashed where no prima facie offence under Sections 294, 504, 506 IPC is made
out and prior sanction was not obtained.
CRIMINAL LAW
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FIR under Sections
498A, 377 IPC and Dowry Act quashed where parties voluntarily settled
matrimonial dispute and informant supported quashing-Exercise of inherent
powers under Section 482 Cr.P.C. justified.
CRIMINAL LAW
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Application under
Section 482 CrPC dismissed where applicants, despite undertaking, attempted
forcible possession, justifying Magistrates direction to maintain status quo to
prevent breach of peace.
CRIMINAL LAW
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Transfer to open prison
rightly denied where Selection Committee found prisoner ineligible under Rules
4(II)(d) and (n); no violation of natural justice.
CRIMINAL LAW
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Detention order quashed
where Detaining Authority failed to show subjective satisfaction and relied on
stale offences and unverified confidential statements; no material to establish
disturbance to public order.
CRIMINAL LAW
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Detention order quashed
where stale offences since 2021 and absence of recent C.A. reports fail to
establish disturbance to public order; identical witness statements held
insufficient.
CRIMINAL LAW
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Detention order
vitiated due to non-supply of medical experts opinion on C.A. reports;
violation of Article 22(5) of Constitution.
CRIMINAL LAW
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Detention under MPDA
Act quashed where material shows only law and order issue and lacks grounds to
classify detenu as dangerous person or bootlegger.
CRIMINAL LAW
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Detention under MPDA
Act set aside where material discloses only law and order issue and not
disturbance to public order.
CRIMINAL LAW
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Though Advisory Board
had approved detention of Petitioner, there was no material before detaining
authority to categorize Petitioner as a dangerous person or bootlegger,
detention order set aside.
CRIMINAL LAW
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Though Advisory Board
had approved detention of Petitioner, yet there was no material before
Detaining Authority to categorize Petitioner as a dangerous person or
bootlegger, detention order set aside.
CRIMINAL LAW
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Though petitioner is
detained as a bootlegger for recent offences about bootlegging but detaining
authority considered stale offences and unverified confidential statements,
Detention order under MPDA held vitiated.
CRIMINAL LAW
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Illegal gratification
not proved-Conviction set aside as prosecution failed to establish demand of
illegal gratification; benefit of doubt extended to accused.