Bringing you the Best Analytical Legal News
In the case at hand, the Punjab Pollution Control Board raided a company at the time when its Chairman Emeritus switched political allegiance from AAP to BJP.
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Quashing EPFO’s rejection orders, the Karnataka High Court holds that employees who contributed to Provident Fund on actual wages are entitled to exercise joint option for higher pension under EPS 1995, regardless of whether Trust Rules of their exempted establishment permitted pension fund contributions on higher wages.
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In the present case, filmmaker Santosh Kumar sought cancellation of the CBFC certification granted for the screening of Aditya Dhar’s “Dhurandhar 2” alleging that the film was a plagiarised version of his original script titled “D Saheb”.
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In the present case, an FIR was filed against Ranveer Singh for allegedly mimicking the Daiva possession scene from the film Kantara during an event at IFFI, which was claimed to have hurt religious and cultural sentiments.
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Bringing together major service and labour law rulings from the Supreme Court and High Courts, this roundup presents short summaries of key decisions along with significant legislative updates.
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In the present case, the petitioner sought regularisation and benefits from 1 April 1983, and the Board claimed that the date from which he was entitled was 1 April 1989.
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In the present case, the petitioner was granted anticipatory bail with a condition to keep his location on, on his mobile and share the live location with the investigating officer.
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“The distinguishing factor between the offence of cheating and any other civil dispute lies in the presence or absence of mens rea at the inception of the transaction. To constitute the offence of cheating, it must be shown that the accused had a dishonest or fraudulent intention from the very beginning.”
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The High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal by Rs 5,79,300.
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The case exemplified a disquieting and steadily growing tendency amongst litigants to invoke the criminal jurisdiction, not as a bona fide recourse for redressal of legitimate grievances, but as a convenient instrument to settle personal scores and wreak private vengeance.
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“The facts of the present case disclose a peculiar and rather disturbing situation, wherein an educational institution has been drawn into the ambit of a criminal investigation solely Banker’s lien on the ground that it received a fee payment through an online transaction from a parent who is allegedly involved in a cyber offence.”
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“It is expected from the RPSC to ensure that the subject experts are persons having good academic record with excellent academic expertise. We strongly deprecate the practice of the experts relying upon newspaper articles like “Washington Post” or “Hindustan Times” in arriving at a conclusion of a question. We also deprecate the practice of the expert to answer and reject the objections in one line and that too without assigning a convincing reason.”
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“While the organised sectors may be regulated through government orders and legislative intervention, the unorganised sector requires a more facilitative mechanism. However, beyond regulatory frameworks, what remains imperative is, a sustained and pervasive effort to sensitise all segments of society, reaching every corner of the State to foster awareness, empathy and compliance.”
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“In the case at hand, the issue is not purely civil in nature, it has all the hues and forms of cyber crime and not a run on the mill allegation. It is the allegation of downloading, copying, deletion of source code, proprietary data, and confidential digital assets. All these are hues and forms of cyber crime and cyber crime investigations are highly technical and complex involving forensic reconstitution of data.”
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“While adjudicating the bail pleas, particularly in cases concerning cybercrimes and online fraud, necessitates a meticulous evaluation of several pivotal factors. Paramount among these is the inherent gravity and seriousness of the offence, coupled with its potential societal ramifications.”
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“Delay in convening the Departmental Promotion Committee not only causes financial loss to the concerned officers on account of delayed promotion to the next higher grade, but also adversely impacts their future career progression, as it correspondingly postpones their eligibility for further advancement.”
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The minor victim admitted in her statement that she was engaged in physical relations with the minor boy, which was consensual.
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“If offences like these are permitted to continue, it would become difficult to live in a decent world.”
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“While deciding the main application under Section 144, Nagarik Suraksha Sanhita 2023, the Family Court should take into consideration the income and financial capacity of both parents and determine the amount of maintenance in a just and reasonable manner keeping in view the principle of shared parental responsibility and the welfare of the minor child.”
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“The concept of moral obligation, howsoever compelling it may appear, cannot be enforced as a legal obligation in the absence of a statutory mandate.”
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