Know the Law
Know The Law | Whether Employment Bonds Are Legally Enforceable In India? Supreme Court Explains
The Supreme Court recently resolved the contentious issue of whether employment bonds are valid and legally enforceable in India.It held that employment bond agreements mandating a minimum service period or imposing a financial penalty for early resignation are legally valid. The Court ruled that such clauses do not violate Section 27 of the Indian Contract Act, 1872, which prohibits...
Partition Rights Of Children From Second Wife Under Hindu Law
The concept of division of family property under Hindu legal traditions is closely connected to the ancient traditions of joint family and coparcenary systems. Over the years, the legislative framework has evolved to bring in gender equality, legitimacy protections, and redefine family structures. A particularly intricate and sensitive area is legal entitlements of children from a subsequent...
Homebuyer's Right To Compensation For Delayed Flat Delivery : Supreme Court Explains Principles
In a recent judgment in Greater Mohali Area Development Authority (GMADA) v. Anupam Garg & Ors., the Supreme Court clarified that while developers must refund the principal amount with interest to aggrieved homebuyers in cases of delay or non-delivery, they cannot be held liable for paying interest on the personal loans taken by buyers to finance their homes.In the decision, the Court...
Can Supreme Court's Judgment Be Altered In Presidential Reference? Article 143 & Advisory Jurisdiction Explained
Article 143(1) of the Constitution is in the spotlight after the President of India took an extraordinary step to invoke this provision to refer to the Supreme Court as many as 14 questions in relation to the powers of the Governors and President to act on Bills.Since the issues under Reference were settled by the Supreme Court's judgment in State of Tamil Nadu vs Governor of Tamil Nadu,...
The Feasibility Of A Police Officer Independently Obtaining The Specimen Signatures And Handwritings Of An Accused Person During The Stage Of Investigation
C O N T E N T SI N N E R T I T L E SPARA NOIntroduction1Mode Of Proving Signature And Handwriting2Police Officer's Authority, if any, to take specimen writings under the old law3Power of the Court under Section 73 of IEA to take specimen signatures and handwriting 4The deadlock directed to be cleared Comparative table – S.311 A Cr.P.C./S.349 BNSS NOTES BY THE AUTHOR555I.P....
IBC | Difference Between 'Avoidance Transactions' & 'Fraudulent Or Wrongful Trading' : Supreme Court Explains
The Supreme Court, in its recent decision in Piramal Capital and Housing Finance Ltd v. 63 Moons Technology explained the key difference between how the Insolvency and Bankruptcy Code 2016 deals with avoidance transactions and transactions relating to fraudulent or wrongful trading. Notably, under the IBC 2016, 'avoidance transactions' are specific transactions conducted by a corporate...
When Can Entire Selection Process Be Set Aside For Irregularities? Supreme Court Lays Down 4 Key Principles
The Supreme Court today (April 3), while upholding the quashing of nearly 25000 teaching and non-teaching staff appointments made by the West Bengal School Selection Commission (SSC) in 2016, laid down key principles to be considered by the Court when dealing with challenges to appointments in government employment. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar observed 4...
Difference Between FIR Registration Provisions Under S. 154 CrPC & S. 173 BNSS: Supreme Court Explains
The Supreme Court recently explained the difference between the provisions governing the registration of a First Information Report (FIR) and the conduct of preliminary inquiry under CrPC and its replacement Bharatiya Nagarik Suraksha Sanhita.The Court observed that while Section 173(1) of BNSS is substantially similar to Section 154 CrPC regarding the recording of information, the...
Know The Law | Distinction Between Gift/Settlement Deed & Will : Supreme Court Explains
The Supreme Court recently explained the distinction between the gift deed, settlement deed, and Will. The Court said that a gift is a voluntary transfer made without consideration, requiring acceptance during the donor's lifetime. Moreover, registration is mandatory for immovable property, but having possession is not mandatory to qualify as a gift when the donee accepts the...
Explained | Can FIR Be Registered Against A Sitting Judge? What Is In-House Enquiry Procedure On Complaint Against Judge?
Reports regarding the alleged recovery of unaccounted money from the residence of Justice Yashwant Verma of the Delhi High Court have sent shock waves across the legal fraternity.While it is understood that the Supreme Court Collegium is considering a proposal to transfer Justice Verma and that the Delhi HC CJ is enquiring into the matter, several concerns are being raised, quite rightly, by...
S.106 Evidence Act Must Be Applied With Care, Can't Be Used To Make Up Prosecution's Inability : Supreme Court Explains Principles
The Supreme Court has reiterated that Section 106 of the Indian Evidence Act, 1872 cannot be applied in criminal cases unless the prosecution succeeds in establishing a prima facie case. As per Section 106 of the Evidence Act, the burden of proof of proving things which are in the special knowledge of a person is on that person. If a fact is within the special knowledge of the accused, then...