Employee Can't Be Denied Pension Citing 'Break In Service' If Absence Was Regularized As Extraordinary Leave : Supreme Court

The Supreme Court held that pensionary benefits cannot be denied to a retired government employee whose unauthorized absence from duty was treated as extraordinary leave, leading to the regularization of their service. The Court said that if despite the employee's prolonged absence from the service, his service is regularized during the period of absence by treating his absence as...

S.27 Evidence Act Can't Aid Prosecution If Recovery Isn't Proved To Be Based On Disclosure Of Accused : Supreme Court

The Supreme Court recently (on February 24), while acquitting two persons convicted for the offence of murder, observed that the circumstance leading to the deceased's body discovery was not proved beyond all reasonable doubt as against the appellant. The observation was made in regard to Section 27 of the Evidence Act, which talks about information received from the accused which may...

Grand Finale Of AmiQuiz Curiae National Legal Quiz To Be Held In Delhi On March 2

The Grand Finale of the AmiQuiz Curiae National Legal Quiz will be held in New Delhi on March 2, 2025. The quiz is a tribute to the 75th anniversary of the Indian Constitution.Finalists from the North, East, West and South Zonal rounds will be competing in the finals. Justice Sanjiv Khanna, Chief Justice of India; Justice DK Upadhyaya, Chief Justice of the Delhi High Court; and Senior...

Tenant Cannot Dictate Landlord Should Get Another Property Vacated For Bona Fide Need : Supreme Court

The Supreme Court observed that the landlord or property owner is the best judge of which portion of the rented premises should be vacated to meet their specific needs, and the tenant cannot oppose eviction merely on the grounds that the landlord owns other properties.“The law with regard to eviction of a tenant from the suit premises on the ground of bona fide need of the landlord is...

Centre Opposes Plea In Supreme Court To Impose Life-Ban On Convicted Politicians, Says Matter Purely Within Parliamentary Domain

"There is nothing inherently unconstitutional in limiting the effect of penalties by time," the Centre said.

Skoda-Volkswagen Case : Bombay High Court Asks Customs Dept To Explain How Show Cause Notice Isn't Time-Barred

In Skoda Auto Volkswagen India's petition challenging a tax demand of USD 1.4 billion by Indian Customs authorities, the Bombay High Court today asked the Customs Authority to file an affidavit explaining why the September 2024 show-cause notice issued to the company is not barred by limitation. “…on the issue of limitation which is factual, please file a short affidavit setting out...

No Concept Of 'Deemed Sanction' Under Section 197 CrPC : Supreme Court

While quashing a case against the public servant due to lack of prior sanction, the Supreme Court on Tuesday (February 25) observed that the failure of the sanctioning authority to provide sanction within the stipulated time would not make the sanction a 'deemed sanction' because such a concept doesn't exist under Section 197 of Code of Criminal Procedure, 1973."Section 197 of CrPC does...

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...

'Land Can't Be Reserved Without Acquisition Indefinitely' : Supreme Court Declares Reservation Of Land Lapsed As Per S.127 MRTP Act

“The landowner cannot be deprived of the use of the land for years together," the Court said.

Supreme Court Quashes Case Against Ex-Director Of Drug Manufacturing Company For Substandard Drugs Seized After His Resignation

The Supreme Court recently quashed a case under the Drugs and Cosmetics Act, 1940 ("Act") against a former Director of a Drug Manufacturing Company, which had undergone a raid for allegedly manufacturing a substandard drug, after noting that the director resigned from the company before the raid took place. The Court held that the director could not be held liable for the company's...

'Legislative Decisions' Not Immune From Judicial Review; Protection Under Article 212(1) Only For 'Proceedings In Legislature' : Supreme Court

Drawing a distinction between 'legislative decisions' and 'proceedings in the Legislature', the Supreme Court in a recent judgment has held that while 'proceedings in the Legislature' are immune from review based on allegation of 'procedural irregularities', there is no absolute bar on judicial review of 'legislative decisions'.A bench of Justices Surya Kant and NK Singh made the observation...

POCSO Act: All India Annual Digest 2024

SUPREME COURTSections 4, 6, 29 and 30 - Presumption under the POCSO Act – Applicability and Conviction - Sentence Modification - Socio-Economic Considerations - Parole Denial - The Supreme Court upheld the conviction of the appellant under Sections 302, 364, and 377 of IPC and Sections 4 and 6 of the POCSO Act for the aggravated penetrative sexual assault and murder of a four-year-old...