Bringing you the Best Analytical Legal News
“The plaintiff was entitled to grant licences for communication to the public and public performance under Section 30, Copyright Act, and since 2014, was issuing licence as the licence-holder of the copyright.”
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Kerala High Court evaluates if siblings of a deceased accident victim are eligible for compensation under the head ‘loss of love and affection’, while also revisiting notional income, dependency calculations and conventional heads of damages.
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Covering all the important service law legislative updates and cases across various High Courts and Supreme Court, this roundup provides a quick summary of cases and links to other roundups.
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“Section 22(1), ID Act will apply squarely to the Trade Union and there is no basis for the inference that managerial or supervisory employees of higher ranks or cadres are excluded from the ID Act. The restrictions imposed under Section 22, ID Act are designed to protect the interests of the public and ensure the smooth operation of a Public Utility Service.”
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“Clause 16 of the Government Order uses the term ‘may’ and not ‘shall’, and therefore assistance of a higher authority of the department concerned is not mandatory. Mere irrelevant procedural irregularities would not vitiate the proceedings unless they have an absolute deterrent effect to destroy the prosecution case in toto.”
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“Section 3, Immoral Traffic (Prevention) Act, 1956 deals with the punishment for keeping a brothel or allowing premises to be used as a brothel, and the said provision has no application to the petitioner who is alleged to be merely a customer.”
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“It is trite law that if the Arbitrator fails to decide the counter claim in accordance with law, it will vitiate the award and that it is within the Arbitrator’s jurisdiction to decide both the claim and counter claim.”
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“Because of the order restoring status-quo ante as operating prior to 18 December 2010, the petitioner continued to be an employee of Memon Co-operative Bank Ltd. and was entitled to all the benefits which were available to other employees who were absorbed by Bank of Baroda on amalgamation.”
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“Section 70(3) BNSS states that all summons served through electronic communication under Sections 64 to 71 BNSS shall be considered as duly served and a copy of such electronic summons shall be attested and kept as a proof of service of summons.”
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“Permitting existing adjudicatory mechanisms and statutory authorities to continue till new mechanisms are put in place cannot be said to be sidestepping the provisions of the Industrial Relations Code, 2020 or removing obstacles to get over statutory restrictions.”
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“A large number of cases disclosed unjustified delay of nearly three decades in completing land acquisition proceedings even after taking possession of the petitioners’ lands which resulted not only in grave prejudice to the landowners but also in substantial and avoidable financial burden on the public exchequer.”
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“The procedure which the IO needs to follow at the time of arrest is not a mere formality. Its purpose is to inform the accused of the grounds and reason of arrest so that he knows the allegations and can prepare his defence, and to ensure proper legal representation to defend personal liberty.”
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“When an employee submits resignation, the employer has a duty to accept and relieve, subject only to any contractual conditions, or if it does not follow a stipulated procedure. He can also refuse acceptance when disciplinary proceedings are contemplated against the employee for grave misconduct or causing monetary loss to the establishment.”
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“Under Section 482(1) BNSS, a pre-arrest bail is maintainable only by a person who has reason to believe that he might be arrested for having committed a non bailable offence. The provision safeguards individuals from the possibility of being arrested with malicious intent, and pre-arrest bail must be sought only before an arrest is made.”
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“The requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory statutory and constitutional requirement, and the non-compliance with Article 22(1) is a violation of a fundamental right and of the right to personal liberty guaranteed by Article 21 of the Constitution.”
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“A complainant under Section 138 of the NI Act is a victim as defined in Section 2(wa) CrPC as the expression ‘victim’ includes not only the person who has suffered any loss or injury caused by reason of any act or omission for which the accused person has been charged, but also includes his or her guardian or legal heir.”
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“Clerical mistakes are those that occur in the course of typing or writing, while arithmetical mistakes are those that occur during calculation. As to accidental slip or omission, the decisive test is whether it is apparent from the record that the Court intended to do something but failed to do so owing to an accidental or inadvertent omission.”
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“For the embargo under Section 21(4) of the MCOCA, regarding the possibility of the applicant committing an offence while on bail, the Court noted the applicant’s absence of antecedents, his young age, and the limited nature of the alleged contact with a co-accused, and found it unlikely that he would commit any offence.”
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“It is the responsibility of the Universities and Colleges to ensure that no untoward incident takes place in the campuses, and they must make all endeavour to ensure that academics is not compromised for reason.”
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“It was undisputed that the educational institution was being run without valid recognition from the Government concerned, and the averments in the educational institution’s counter affidavit stated that the said institution was imparting preschool education to about 300 students, teaching Quran and allied subjects.”
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