Supreme Court
Supreme Court invites applications seeking conferment of designation of Senior Advocates
The Supreme Court has invited applications seeking conferment of designation of Senior Advocates from retired Chief Justices/ Judges of High Courts and Advocates-on-Record / Advocates.
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Default/Delay in payment of EPF by employer: Damages to be paid even in absence of Mens rea or actus reus
In an important ruling on Employees Provident Fund, the Supreme Court has held that any default or delay in the payment of EPF contribution by the employer under the Employees Provident Fund & Miscellaneous Provisions Act, 1952 is a sine qua non for imposition of levy of damages under Section 14B and mens rea or actus reus is not an essential element for imposing penalty/damages for breach of civil obligations/liabilities.
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Compassionate Appointment cannot be denied to children born from the second wife of a deceased employee
Holding that the condition imposed by the Railway Board circular that compassionate appointment cannot be granted to children born from the second wife of a deceased employee is discriminatory, the Supreme Court has held that an applicant cannot be denied consideration under the scheme of compassionate appointments only because he is the son of the second wife of his father.
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Applications under Section 156 (3) Cr.P.C. being filed only to harass other; Filing of affidavit a must
In a case where the Magistrate had passed an order under Section 156(3) CrPC even in absence of an affidavit duly sworn by the complainant, the Supreme Court has held that many a times the applications under Section 156 (3) of the Cr.P.C. are filed in a routine manner without taking any responsibility only to harass certain persons and hence, such applications are to be supported by affidavits.
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High Court Updates
Chhatisgarh High Court
If husband brings home concubine due to which wife leaves house, would that lead to desertion by wife? Chh HC explains
In a matter wherein husband had approached the Court with the grievance that he was deserted by his wife and hence sought the decree of divorce which was rejected by the family Court, Chhattisgarh HC expressed that,
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Punjab & Haryana High Court
State of Punjab which was known as one of the prosperous States is now at the brink of drug-trafficking
Expressing that, State of Punjab which was known as one of the prosperous States is now at the brink of drug-trafficking, Punjab and Haryana High Court held that in order to curb the menace of drug trafficking the accused person are to be dealt with stringently even at the stage of granting her/him bail in NDPS Act cases involving commercial quantity.
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Bombay High Court
Gangubai Kathiawadi | Can after certification granted by Board, public exhibition of a film be prohibited? Bom HC answers
In respect to petitions with regard to the stay on the movie Gangubai Kathiawadi, Bombay high Court., while expressing that “Once the film is granted a certificate by the competent statutory authority, i.e. the Board, the producer or distributor of the film has every right to exhibit the film in a hall unless, of course, the said certificate is modified/nullified by a superior authority/Court”,
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Tribunals/Commissions
NCLAT
Can application filed under S. 95(1) read with S. 60(1) IBC be rejected on ground that no Corporate Insolvency Resolution Process was pending against Corporate Debtor? NCLAT addresses
NCLAT expressed that, Application having been filed under Section 95(1) and the Adjudicating Authority for application under Section 95(1) as referred in Section 60(1) being the NCLT, the Application filed will be maintainable and cannot be rejected on the ground that no CIRP or Liquidation Proceedings were pending before the NCLT.
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NCDRC
Homebuyer invests his hard-earned money to get legal possession of flat, yet gets subjected to a 6-year delay: Read how NCDRC provided relief to consumer
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Legislation updates
SEBI (Stock Brokers) (Amendment) Regulations, 2022
SEBI inserts definition of ‘Professional clearing member’ vide SEBI (Stock Brokers) (Amendment) Regulations, 2022. Professional clearing member means a member having clearing and settlement rights in any recognized clearing corporation, but not having trading rights in any recognized stock exchange.”
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SEBI (Depositories and Participants) (Amendment) Regulations, 2022
Net-worth of stock broker increases to three crores vide SEBI (Depositories and Participants) (Amendment) Regulations, 2022
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Environment (Protection) Amendment Rules, 2022
New brick kilns allowed with zig-zag technology or vertical shaft or use of Piped Natural Gas as fuel in brick making.
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NEW RELEASES
Book release of Criminal Law and Criminal Justice by Prof. BB Pande
BUY HERE