Bringing you the Best Analytical Legal News
“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.”
“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.”
“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.”
The Court stated that extraordinary situations require extraordinary measures. In this unique case, where the petitioner had to avail both maternity and medical leave in the same year, the general rule of termination for exceeding one year’s leave cannot be rigidly applied.
“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.”
“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.”
“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.”
“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.”
“The term ‘employer’ means someone who exercises control over a workplace in the context of an employment relationship and discharges contractual obligations towards employees.”
“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.”
“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.”
“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.”
“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.”
“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.”
A brand ambassador/endorser cannot be proceeded against in consumer dispute proceedings for unfair trade practice or deficiency of service unless a direct link is established between the endorser and the transaction.
“Rule 13 of the Kerala Registration of Marriage (Common) Rules, 2008 restricts major changes in the marriage register, permitting only corrections of errors in form or substance or fraudulent or improper entries, subject to conditions in sub-rule (2).”
“It is settled that a special law prevails over a general law, and a non obstante clause in a later enactment cannot obliterate the legislative intent of a prior special statute, particularly one governing a unique and constitutionally protected religious institution like the Guruvayoor Devaswom.”
“The Court noted the relevance of Article 51-A(h), which enjoins citizens to develop a scientific temper, humanism, and the spirit of inquiry, and the petitioner’s reliance on Article 21 of the Constitution, and that despite repeated adjournments and assurances, the State had neither enacted legislation nor conclusively declined to do so over a span of nearly four years.”
“The accusations against the accused were prima facie well-founded, particularly the allegation that he transmitted nude videos of the girl through social media. The Court observed that such conduct could not be viewed lightly.”