Bringing you the Best Analytical Legal News
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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The High Court noted Maharashtra extends financial assistance under Ladki Bahin Yojana hence, it cannot deny salary grants to staff caring for children in need of protection, failing the test of reasonableness under Article 14.
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The Court noted that the record also revealed that an opinion for withdrawal of the prosecution was given based on the material provided to the Advocate General of the State of Uttar Pradesh.
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“Where a ruling by a Single Judge has held the field for a significant duration without being disturbed or reversed, it attains the character of a settled position of law and should not ordinarily be unsettled, as doing so would undermine judicial stability, unless the decision is demonstrably per incuriam or palpably erroneous.”
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The Court stated that the “Hon’ble” is an honorific which no functionary, howsoever high, who is a civil servant and not the holder of a sovereign constitutional office, is entitled to use.
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The tragedy of our times lies in confining such a towering national figure within narrow caste-based perceptions. Dr Ambedkar’s larger-than-life legacy is too often reduced to a sectional emblem, when in truth he belongs to the entire nation, to every classroom, every court, every institution of learning, and every citizen who cherishes dignity under the law.
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Bombay HC rules on inter-transferability of unfilled VJNT vacancies under Section 4(3), Maharashtra State Public Services Reservation Act, 2001.
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The High Court explained that if an order is passed without giving a reason by the concerned authority, then the order is a non-speaking one, including an order which does not provide a clear reason for its decision.
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“The Court’s role is to understand the purpose of law in society and to assist the law in achieving its intended purpose. An interpretation which reduces the subordinate legislation to a futility should be avoided, and a view that the rule making authority made the rule only for the purpose of bringing about an effective result should be adopted.”
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The Court noted that it was equally disturbing that during pendency of proceedings before the Commissioner, the State proceeded to auction the vehicle, which was the principal source of livelihood of the accused, for a grossly inadequate consideration without awaiting adjudication of the accused’s challenge.
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“The sustainability or perversity of the decision of the Tribunal should only be assessed after certain nuances in the evidence as well as some documents discussing the core issue is properly dealt with by the Tribunal.”
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“There was not a single whisper that the accused forced the prosecutrix or threatened her or had sexual intercourse on false promise of marriage. Though the victim was minor, she did not have any problem in staying with the accused and his family. Therefore, the Court held that the criminal proceedings would cause injustice.”
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The Court noted that attribution of non-existent propositions to Supreme Court precedents, if established, would be a matter of serious concern.
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The accused was arrested for allegedly writing objectionable comments on his Instagram account “I Love Mohammed ke liye gardan katwa bhi sakte hai aur kaat bhi sakte hain”.
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The offences under Section 7, Prevention of Corruption Act, 1988 and Section 61(2) BNS cannot be said to constitute “acts in discharge of official duty” and, therefore, no sanction is required for those acts.
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“The Statement of Object and Reasons of the Code says that the aim is to improve ease of doing business and facilitate more business leading to higher economic growth and development.”
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“Possession” under the NDPS Act is not limited to personal recovery; however, prima facie control over the seized material must be shown for Section 37 NDPS to apply.
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“Freedom, in a constitutional society, is always accompanied by responsibility towards others.”
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The Court noted that the case indeed involved an international gang of poachers and traffickers of wildlife animals like Pangolin, and the accused prima facie seemed to be involved.
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The High Court interpreted Note (2) to Rule 1212 and Note (1) to Rule 1224, Delhi Prison Rules, 2018, holding that “ordinarily” denotes restriction, not prohibition.
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