Know the Law
The Jurisprudence Of Gratuity: Deconstructing The Minimum "Continuous Service" Requirement For Payment Of Gratuity
The Payment of Gratuity Act, 1972 (referred to as 'PGA' hereinafter), serves as a cornerstone of social security legislation in India, providing a lump sum payment to employees as a token of appreciation for long and meritorious service. A central tenet of this Act is the requirement of "continuous service" for gratuity eligibility. However, even the most seasoned HR professionals...
In A First, Punjab Assembly Introduces Anti-Sacrilege Bill | Explained
"To preserve religious and communal harmony and fraternity among people of diverse religious beliefs and faiths residing in the Punjab", The Punjab Government introduced the 'The Prevention Of Offences Against Holy Scriptures Bill, 2025' on Monday in the legislative assembly. The Bill proposes punishment up to life imprisonment and fine of up to Rs 10 lakh for committing "offence" under...
S.39 Specific Relief Act | Principles On Grant Of Mandatory Injunction : Supreme Court Explains
The Supreme Court on Monday (July 14) observed that a grant of mandatory injunction under Section 39 of the Specific Relief Act, 1963 (“SRA”) is discretionary, and can be granted only upon the breach of an enforceable legal obligation. The Court said that a mandatory injunction cannot be granted unless there exists a legal right and there's a breach of that legal right. The...
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...