Bringing you the Best Analytical Legal News
“The term ‘employer’ means someone who exercises control over a workplace in the context of an employment relationship and discharges contractual obligations towards employees.”
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“While the co-accused were acquitted on 19-8-2013, the absconders surrendered on 25-1-2014 and were subsequently formally charged. Since the co-accused were acquitted, the impugned order merged into the final judgment, and the revision petition was rendered infructuous.”
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“The act of preserving or storing is preceded by ‘process for’ preserving or storing any articles in cold storage and it is the process for preserving or storing which amounts to manufacturing process and not the mere act of preserving or storing.”
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“The rights arising in favour of candidates participating in the selection process are private rights, which cannot be enforced against an institution that is neither a State nor an instrumentality of the State by way of a writ petition.”
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“When the deceased came to know that the accused was about to marry another woman, she inquired about the same over the phone, and enraged by the query, the accused scolded the deceased and said, ‘go away and die’. The deceased feeling mentally disturbed, jumped into a well along with her daughter and committed suicide.”
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“In matters governed by beneficial legislation, the benefit of doubt should go in the person’s favour who has met with the accident. Railways could have supported its case by examining the co-passenger or guard or by leading expert evidence to show that a person falling from a moving train could not get entangled in its wheels.”
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This article offers a clear overview of daughters’ property rights under Hindu law—how the law under Hindu Succession Act, 1956 worked before the 2005 Amendment, and how the amendment transformed daughters into coparceners by birth. It traces the major Supreme Court rulings leading up to Vineeta Sharma (2020) 9 SCC 1, clarifies common myths, and answers practical FAQs.
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“The Tribunal noted that PM₁₀ and PM₂.₅ level breached the CPCB’s standards, with the root cause being equine dung emissions and dust from unpaved roads. Water sampling from five sites recorded presence of E. coli which violated drinking water norms and confirmed faecal contamination from horse dung.”
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“Where a confessional statement is otherwise excluded or is inadmissible by virtue of Sections 25 or 26 of the Evidence Act, there can be no question of such confessional statements being made admissible against another co-accused with the help of Section 30 of the Evidence Act.”
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“A common reference to the Arbitral Tribunal for resolution of disputes and differences arising out of all such agreements and contracts was requested by the respondent which was agreed upon by the applicant.”
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“The Secretary allegedly acted beyond his authority and entered into a series of transactions with the Heirs and the Assignee, which included a Deed of Confirmation reaffirming the 1980 lease, a Deed of Modification that removed the restrictions on built-up area and height, and a Deed of Assignment transferring leasehold rights to the assignee.”
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“If the employee’s father was allegedly found to be involved in an offence under Section 5 of the 2006 Act, the same did not mean that the employee was to be perceived, projected, painted and put to bad treatment by passing the impugned suspension order.”
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“There were no traceable clandestine or fraudulent activities by Netlink and its Director in organising the impugned exhibitions for the ostensible organiser, and therefore it was unnecessary to undertake the exercise of lifting the corporate veil or applying group of companies doctrine.”
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“Once it is concluded that the initial proceedings were held before a court that lacked jurisdiction, the written statement and other evidence that may have been led by the parties before the said court become non-est in the eyes of law.”
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“As per Rule 10(7) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the order of suspension made or deemed to be made would not be valid after a period of 90 days unless it was extended after review for a further period of 90 days.”
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“Just because the witnesses’ statements do not disclose any overt act, that by itself would not be a ground to discharge the accused as law does not insist plenty of witnesses to prove an offence and the evidence of a solitary wholly reliable witness would suffice the purpose.”
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“If an AI tool is used in aid of research, it is welcome; however, there is great responsibility upon the party, even an advocate using such tools, to cross verify the references and make sure that the material generated by the computer is really relevant, genuine and in existence.”
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“Karta’s liability for unsatisfied debts or dues of the HUF is personal and unlimited. The Karta’s contention that HUF was a separate entity or akin to a body corporate was rejected and it was clarified that this was only for limited purposes like taxation or at most where liability beyond even the Karta.”
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“A Hindu wife’s right to have maintenance from her husband’s properties originated the moment she got married to him. Her right remained dormant until denial of maintenance or initiation of legal proceedings, at which point it transformed into an inchoate right and later crystallised into a charge upon judicial declaration.”
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“As per Section 10(13) of the Kerala University Act, 1974, the VC may only exercise powers of the Syndicate or the Academic Council in cases of emergency when the Syndicate is not in session, and any such action must be reported to the Syndicate or Academic Council at its next session.”
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