Can the monetary benefit received by the family of the deceased-employee under the provisions of the Motor Vehicles Act, 1988, be reduced in terms of the amount received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees, Rules, 2006? Dismissing SLP, SC observed: The amount of Rs.31,37,665 was paid to the dependents of the …
Code of Criminal Procedure, 1973; Section 482 – FIRs quashed on settlement – The High Court can quash a criminal proceeding in exercise of its power under Section 482 of the Code having regard to the fact that the parties have amicably settled their disputes and the victim has no objection, even though the offences …
Code of Criminal Procedure, 1973; Section 156(3) – When the allegation in the complaint is with respect to commission of offence(s) triable by Court of Sessions it would be proper for the Magistrate to order for investigation under Section 156 (3), Cr.P.C. instead of conducting the enquiry by himself. (Para 6) Code of Criminal Procedure, …
Feran Singh vs State Of Madhya Pradesh CrA 838/2024 – Ss 156(3), 190, 200, 173(2) CrPC – Read More »
Narcotic Drugs and Psychotropic Substances Act, 1985 ; Section 37 – For entertaining a prayer for bail in a case involving recovery of commercial quantity of narcotic drug or psychotropic substance, the Court would have to mandatorily record the satisfaction in terms of the rider contained in Section 37 of the NDPS Act. – In …
State vs B Ramu 2024 INSC 114 :: [2024] 2 S.C.R. 357 – S 37 NDPS – Bail Read More »
Summary : A direction was issued by the High Court to grant appointment to the first respondent in General Caste (EBPGC) category – Appeal filed against this by t to Haryana Staff Selection Commission dismissed -Directed that the appointment order be issued to the first respondent in terms of the impugned judgment dated 10th December, …
Haryana Staff Selection Commission vs Subhash Chand 2024 INSC 112 Read More »
Code of Criminal Procedure, 1973; Section 482 – While exercising such inherent powers what is required to be examined is only the prima facie existence of the offence sought to be quashed -t the Court was required to consider was whether any of the well-established grounds that are enumerated in judgments in State of Haryana …
Navin Kumar Rai vs Surendra Singh 2024 INSC 116 – S 482 CrPC – Registration Act Read More »
Disciplinary Proceedings – ordinarily the findings recorded by the Inquiry Officer should not be interfered by the appellate authority or by the writ court. However, when the finding of guilt recorded by the Inquiry Officer is based on perverse finding the same can always be interfered – Referred to Union of India vs. P. Gunasekaran …
Electoral Bond Scheme – The Electoral Bond Scheme, the proviso to Section 29C(1) of the Representation of the People Act 1951 (as amended by Section 137 of Finance Act 2017), Section 182(3) of the Companies Act (as amended by Section 154 of the Finance Act 2017), and Section 13A(b) (as amended by Section 11 of …
Drugs and Cosmetics Act, 1940; Section 18A ,28 – Both these provisions concern the disclosure or non-disclosure respectively of the name of the manufacturer – In this case, the quantities of the 29 kinds of medicines recovered from the clinic run by the Appellant, were of small quantity. In such a situation, non-disclosure of the …
Palani vs Tamil Nadu State 2024 INSC 110 – Drugs and Cosmetics Act Read More »
Negotiable Instruments Act, 1881; Section 138, 141 – Whether a Director who has resigned from such position and which fact stands recorded in the books as per the relevant rules and statutory provisions, can be held liable for certain negotiable instruments, failing realization ? In this case, resignations have taken place on 9 th December …