Limitation- Delay Condonation– it is not mandatory that a written application be filed seeking condonation of delay and relief can be granted in that regard even upon an oral request, provided sufficient cause is shown for such delay- (Para 19)- there should be a liberal, pragmatic, justice-oriented, non-pedantic approach while dealing with an application for …
Indian Penal Code, 1860; Section 299-304 -Allowing appeal against concurrent conviction for murder, SC observed: The incident occurred without premeditation, in a sudden fight, in the heat of passion and upon a sudden quarrel. The evidence would also not show that the accused-Appellant had either taken undue advantage or acted in a cruel or unusual …
Service Law– As per service jurisprudence, the employment is terminated from the date on which the letter of resignation is accepted by the appropriate authority. (Para 21) Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977; Section 7- Mere noncommunication of acceptance of resignation to the employee would not render the termination invalid- …
CESTAT -Madras HC set aside an order passed by Customs, Excise and Service Tax Appellate Tribunal and remanded the matter back to the tribunal for disposal of the appeals – order of remand made to the tribunal by the High Court under the impugned order would stand affirmed subject to the observations made in this …
Madura Coats Private Limited vs Commissioner Of Central Excise 2024 INSC 336 – CESTAT Read More »
Service Law – Regularization – Despite being appointed for what was termed a temporary or scheme-based engagement, the appellants have been continuously working in these positions from 1992 till the present, spanning a period exceeding 25 years- The Tribunal’s judgment negated the appellants’ plea for regularization and absorption into the posts of ‘Accounts Clerk’ against …
Indian Penal Code, 1860; Section 300,302,304 -Appeal by accused against concurrent conviction under Section 302 IPC – The cause of death was opined as shock due to internal bleeding. Thus, by no stretch of imagination, can be it accepted that the accused had the intention to cause injury/injuries to the victim with the intention or …
Kariman vs State Of Chhattisgarh 2024 INSC 335 – Murder Conviction Modified To 304 IPC Read More »
Stridhan -Gifts made to the bride by the bride’s husband or her parents or by relatives from the side of her husband or parents, at the time of marriage, constitute her stridhan- The properties gifted to a woman before marriage, at the time of marriage or at the time of bidding of farewell or thereafter …
Code of Civil Procedure, 1908 ; Order I Rule 3,7 – Plaintiff may join as a defendant in one suit, all persons against whom, the plaintiff claims the right to relief in respect of, or arising out of, the same act or transaction or series of transactions. The claim viz. the defendants can be joint, …
Arcadia Shipping Ltd. vs Tata Steel Limited 2024 INSC 333 – Order I Rule 3,7 CPC Read More »
Code Of Criminal Procedure, 1973; Section 482- High Court quashed the First Information Report for the offence under Section 7(a) of the Prevention of Corruption Act – Allowing appeal, SC held: despite the accused having been exonerated in the departmental proceedings yet the competent authority, vide Annexure P3 proceeded to accord sanction for prosecution. The …
Sanju Ranjan Nayar vs Jayaraj 2024 INSC 331 – S 482 CrPC Read More »
Eggshell Skull Rule– It is a common law doctrine that makes a defendant liable for the plaintiff’s unforeseeable and uncommon reactions to the defendant’s negligent or intentional tort. In simple terms, a person who has an eggshell skull is one who would be more severely impacted by an act, which an otherwise “normal person” would …
Jyoti Devi vs Suket Hospital 2024 INSC 330 – Medical Negligence – Eggshell Skull Rule Read More »