Criminal Cases Having Overwhelmingly & Predominatingly A Civil Flavour Stands On Different Footing For Purpose Of Quashing: Supreme Court

The allegations made in the FIR had an overwhelmingly and predominatingly a civil flavour, the Supreme Court remarked while quashing a criminal proceedings.The bench of Justices Dinesh Maheshwari and Vikram Nath observed that inherent powers should be exercised in a given and deserving case where the Court is satisfied that exercise of such power would either prevent abuse of such power or...

Aryan Khan Case : Sam D'Souza Approaches Bombay HC; Says Money Returned To SRK's Manager

Sam D'Souza, the consultant accused of brokering a deal between Shah Rukh Khan's manager - Pooja Dadlani – and KP Gosavi for Aryan Khan's benefit, has approached the Bombay High Court seeking anticipatory bail and protection against arrest. D'Souza partially corroborates witness Prabhakar Sail's allegations about Rs 50 lakhs being given to Gosavi to remove Khan from the situation in...

BREAKING : Calcutta HC Directs State To Ensure Only Green Crackers Are Used [Read Order]

The Calcutta High Court on Wednesday disposed of 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 West Bengal.A Bench...

Centre Notifies Appointment Of 6 Judges To Orissa, J&K And L & Karnataka High Courts

The Central Government has notified the appointments of 6 Judges (including 3 Additional Judges) to Orissa, Jammu & Kashmir And Ladakh High Court Karnataka High Courts.Orissa High Court: Aditya Kumar Mohapatra, Advocate has been appointed as the Judge of the Orissa High Court.Jammu & Kashmir and Ladakh High Court:Mohan Lal & Mohd Akram Chowdhary, both Judicial officers, have...

Section 25F ID Act Will Apply To Employee's Retrenchment Even If Appointment Was Irregular : Supreme Court

"The nature of employment and the manner in which the workman has been employed is not significant for consideration while invoking the mandatory compliance of Section 25F of the Act 1947",

[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...