academy Icon academy Icon lawbiz Icon
Subscribe Premium

 Trending

Absence From Duty, Proxy Teaching At Most Service Misconduct; Not Cheating: MP High Court

The Madhya Pradesh High Court has quashed a cheating FIR lodged against a government teacher for substituting another person to perform his teaching duties, observing that the said allegations at most constitute service misconduct. [2026 LiveLaw (MP) 377]Observing that the FIR did not disclose any essential ingredients of cheating, the bench of Justice Himanshu Joshi held,"Even otherwise, a...

Decoding Section 356 BNSS: Constitutional Perils Of Deemed Waiver And Trial In Absentia

The axiom audi alteram partem (hear the other side) is not a mere procedural courtesy; it is the constitutional conscience of criminal law. For centuries, the physical presence of an accused in court was treated as an indispensable jurisdictional prerequisite. In Indian criminal procedure, this mandate was codified under Section 273 of the Code of Criminal Procedure, 1973 (CrPC). While Section 299 of the CrPC permitted the recording and preservation of prosecution depositions against absconding...

Section 233 BNSS Applies Only When Cases Concern Same Offence, Not Merely Same Transaction: Kerala High Court

The Kerala High Court has held that the statutory requirement under Section 233 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, requiring a complaint case to be stayed when a police investigation is pending, applies only when both proceedings concern the same offence. [2026 LiveLaw (Ker) 516]Justice C.S Dias made the observation while dismissing a petition filed by Roji Augustine, in...

Inequitable To Undo Sale Executed Pursuant To Specific Performance Decree Decades Ago By Ordering Refund: Supreme Court

The Supreme Court has held that once a decree for specific performance of an agreement to sell has culminated in execution of the sale deed and delivery of possession, the completed transaction cannot be undone by substituting it with an enhanced monetary refund merely to "settle equities".A bench of Justice JB Pardiwala and Justice K Vinod Chandran made the observation while restoring a...

Principal Employer Not Liable To Pay Gratuity To Contractual Workmen; Controlling Authority Cant Decide Who Must Pay : Supreme Court

The Supreme Court has held that a principal employer cannot be held liable to pay gratuity to workers engaged through a contractor when there is no employer-employee relationship between the principal employer and such contractual workmen.The Court set aside a Bombay High Court order holding Oil and Natural Gas Corporation Ltd. (ONGC) liable to pay gratuity to workers engaged through...

Delhi High Court Highlights Poor Pay, Neglect Of Labourers; Says Society Has Failed To Value Their Work

The Delhi High Court has observed that the society has failed to value and respect physical labour as labourers in the country are “least paid, least cared and least bothered.” [2026 LiveLaw (Del) 883]Justice Vimal Kumar Yadav made the observations while dealing with an appeal arising from a 2002 assault on a labourer who was sleeping at a shop in city's Lajpat Rai Market.The Court...

Dowry Demand For Setting Up Business Still Dowry Under S. 304B IPC: Delhi High Court

The Delhi High Court has held that a demand for money connected with the marital relationship does not cease to be a dowry demand merely because the money is sought for setting up a business rather than for personal use. [2026 LiveLaw (Del) 882]Justice Vimal Kumar Yadav made the observation while dismissing an appeal filed by two, challenging their conviction under Sections 304B and 498A of...