A Look At Layoff And Retrenchment Procedures In Light Of New Industrial Relations Code

The Industrial Disputes Act, 1947 has been the primary legislation to administer disputes between the employer and workmen and to provide safeguards for workmen. It covers several facets from defining what industrial disputes and industries are, to laying down the procedures to be undertaken in cases pertaining to strikes, lockouts, lay-offs, retrenchment, closure etc. The Act has...

'Adverse Possession' Of Property vs 'Permissive Possession': Karnataka High Court Explains

The Karnataka High Court has said a person will not acquire adverse possession by simply remaining in permissive possession, for however long it may be. Dr. Justice HB Prabhakara Sastry said, "Article 65 of the Limitation Act presupposes that the limitation starts only if the defendants prove the factum of adverse possession affirmatively from a particular time." It added that,...

Arbitration Court Reckoner :August-October 2021 (Part 2)

This is the second part of the article. The first part covering 30 judgments may be read here. (xxxiii)Court should not substitute its subjective satisfaction of urgency to grant interim measures with that of the Arbitral Tribunal Filing of Statement of Claim under S. 23 cannot be treated as a sine qua non for the maintainability of an application for interim protection under...

IPC Section 324: Bailable And Compoundable

There has been some confusion with respect to the nature of offence punishable under Section 324 of Indian Penal Code, 1860 ("the IPC"). The question is whether the offence under Section 324 of IPC is a bailable or a non-bailable one, a compoundable or a non-compoundable one. This paper shall analyse the relevant statutory provisions, statutory amendments, Gazette Notifications and jurisprudential developments in order to understand how we can deal with the issue. Section 324 Of Indian ...

Know The Constitution[PART-III] Anecdotes From The First Meeting Of Constituent Assembly

We Are Introducing A New Series In LiveLaw -'Know The Constitution'If the Constitution has to be of the people, by the people and for the people, it must first capture the imagination of the masses.The 'Know the Constitution' series is a humble attempt by the team of LiveLaw to unravel the Indian Constitution in all its majesty. The aim is to demystify the Indian Constitution one Article,...

Know The Constitution[PART-II] The Constituent Assembly- The Origin Story

We Are Introducing A New Series In LiveLaw -'Know The Constitution'If the Constitution has to be of the people, by the people and for the people, it must first capture the imagination of the masses.The 'Know the Constitution' series is a humble attempt by the team of LiveLaw to unravel the Indian Constitution in all its majesty. The aim is to demystify the Indian Constitution one Article, one amendment, one doctrine, one schedule, one theme at a time.With this series we hope to make one small...

'Restitutionary Damages' Vs. 'Compensatory Damages' For Breach Of Contract: Madras High Court Explains

In a significant judgment pertaining to breach of contract, the Madras High Court ventured into when a party aggrieved is entitled to compensatory damages and under what circumstances the Court may grant restitutionary damages by way of an account of profits.Compensatory damages are awarded to redress the loss suffered by an aggrieved party. Whereas, restitutionary damages are more in the...

Right To Appeal Against Acquittal Under Criminal Procedure Code, 1973 : The Rule Of Victim v. Complainant

Right to appeal in criminal law jurisprudence acquires a special position, since it draws upon the ideological base of Article 21 of the Constitution of India. As per Article 21 of the constitution, life and personal liberty of a person cannot be taken away by state except in accordance with the procedure established by law. The procedure established by law has been creatively interpreted by the Supreme Court to include within its scope the implicit guarantee of a fair, just and...

Is An Accused's Anticipatory Bail Plea Maintainable If He Is Already In Judicial Custody In Another Crime? –Bombay High Court Rules

The Bombay High Court has held that an accused can be granted anticipatory bail even if he is in prison in connection with another offence, and that every case registered against an accused would have to be decided on its own merits. Adjudicating a petition for anticipatory bail under section 438 of the Criminal Procedure Code (CrPC), the question before the court was "Whether...

Ingredients Necessary To Prove Charges Under Section 409, 420 & 477A IPC: Supreme Court Explains

In a judgment delivered on Monday ( 13 December 2021), the Supreme Court explained the ingredients necessary to prove a charge under Section 409, 420 and 477A of the Indian Penal Code.The bench comprising CJI NV Ramana, Surya Kant and Hima Kohli made these observations while allowing appeal filed by an accused who was concurrently convicted under Sections 409, 420, and 477A of the Indian...

What Is India's Judges to Population Ratio?

Union Law Minister Kiren Rijiju informed the Lok Sabha by a written reply that the nation currently has 21.03 judges per million population. The statement was in response to question posed by members of Parliament seeking the Law Minister's response on the judges-to-population ratio. Mr. Rijiju stated in his response that as on 31.10.2021 the judge to population ratio (Judge...

Bird's Eye View On The Testimony Of Child Witness In Criminal Trial

INTRODUCTION:- Neither the substantive law nor procedural law defines the term of child witness. However, section 118 of Evidence Act contemplates that "All persons shall be competent to testify unless the court consider that they are prevented from understanding question put to them or from giving rational answers to those questions, by tender years, extreme old age, disease whether of body or mind, or any other cause of the same kind." COMPETENCY OF THE CHILD TO TESTIFY: ...