[Minimum Wages Act] Burden Of Person In Charge Of Company - Proviso To Section 22(c) Does Not Reverse Onus Of Proof : Supreme Court

The Supreme Court on Friday held that the burden on the accused to prove innocence under proviso to Section 22C(1) of the Minimum Wages Act,1948 shifts only when the ingredients of Section 22C(1) have been satisfactorily established by the prosecution. A bench comprising Justices R Subhash Reddy and Sanjiv Khanna quashed a summoning order and proceedings issued by the...

Is Education A Service Under Consumer Protection Act ? Supreme Court Grants Leave In SLP Against NCDRC Judgment

The Supreme Court granted leave in a special leave petition which raises the issue whether education is a service within the Consumer Protection Act, 2019.The bench comprising Justices DY Chandrachud and BV Nagarathna noted that this issue is pending consideration in another case titled Manu Solanki vs Vinayaka Mission University.In this case, a boy participated in Summer Camp organized by...

Principle Of Preferential Candidates Applies When There Is A Tie With A General Candidate : Supreme Court

The Supreme Court observed that the principle of preferential candidates would apply when there is a tie between the preferential candidate and a general candidate and the person who is to be treated as a preferential can be given a mark over a general candidate.Rule 55 of Tamil Nadu State and Subordinate Service Rules read thus: Notwithstanding anything contained in these rules or in the...

JNU VC Could Not Have Exercised Powers To Appoint Chairpersons Of 9 Centres : Delhi High Court Restrains Them From Taking Major Decisions

The Delhi High Court has prima facie observed that the Vice Chancellor of Jawaharlal Nehru University could not have exercised the power to appoint chairpersons to 9 special centres and restrained them from taking major decisions during the pendency of the petitions challenging their appointments.A division bench of Justice Rajiv Shakdher and Justice Talwant Singh was hearing an appeal against...

The Concept Of "Detention" Under Section 167 (2) Cr.P.C. And Its Scope, Range And Legality – Part IV [Webinar Video And Notes]

45. As per Section 37(1)(b)(ii) of the NDPS Act, if the offence involved is "commercial quantity" of a narcotic drug and if the public prosecutor opposes the bail application, then the Court can grant bail only if – (i) there are reasonable grounds for believing that the accused is not guilty...

Gold Smuggling Not "Terrorist Activity" Under UAPA Though It Threatens Economic Security Of Nation : Kerala High Court

The Kerala High Court on Tuesday ruled that, while gold smuggling could threaten the economic security of a country, the same is not covered by the provisions of the Unlawful Activities (Prevention) Act. A Division Bench of Justice K Vinod Chandran and Justice C Jayachandran made the observation while granting bail to prime accused Swapna Suresh and seven others in the gold smuggling case...

Agreement Clauses That Prohibit Keeping A Pet In Residential Units Illegal, Unenforceable In Law: Kerala High Court

The Kerala High Court on Tuesday established that clauses in a bye-law or an agreement that prohibit a person from keeping a pet in their residential premises shall be void and unenforceable in law.A Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Gopinath P. was adjudicating upon a Public Interest Litigation filed by a person aggrieved by the stand of the office bearers of...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-88]

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Bigamy : Kerala High Court Issues Notice On Plea Challenging Constitutionality Of S.494 IPC

A plea has reached the Kerala High Court challenging the constitutionality of Section 494 of the Indian Penal Code, which provides punishment for bigamy.When the matter came up before the Court on Tuesday, Justice K Haripal issued notice to the respondents. The petitioner, who is facing a criminal prosecution in a case related to bigamy, stated that the Indian Penal Code is a secular piece...

BREAKING : Former Maharashtra Home Minister Anil Deshmukh Remanded to ED's Custody Till Nov 6

A special holiday court on Tuesday remanded former Maharashtra Home Minister Anil Deshmukh in the Enforcement Directorate's custody till November 6 in a money laundering case. Deshmukh appeared before the agency on Monday as he was summoned. The senior NCP leader was arrested following more than 12 hours of questioning. Special Judge PB Jadhav passed the order after hearing...

Delay In Communication Of Bail Orders To Jail Authorities Affects Human Liberty, Must Be Addressed On War Footing: Justice DY Chandrachud

"A very serious deficiency in the criminal justice system is the delay in the communication of bail orders, which we need to address on war footing. Because this touches upon human liberty of every undertrial, or even a convict who has got suspension of sentence under section 389 of the Cr. P. C.", Justice D. Y. Chandrachud has said."One of the initiatives which Chief Justice S. Muralidhar...

Firecrackers Regulation : Calcutta High Court To Hear Tomorrow Plea Seeking Proper Enforcement Of SC Directions

The Calcutta High Court on Tuesday specified that it would hear tomorrow a petition seeking directions for the proper implementation of prior Supreme Court orders on the regulation of firecrackers during the upcoming festivals. This comes in the wake of the Supreme Court setting aside the order of the Calcutta High Court which imposed a complete ban of use of firecrackers in the State of...