Bringing you the Best Analytical Legal News
“The beedi rollers were producing beedis and rendering services to the company through traders, however, the presence of the traders as an intermediary does not alter the relationship between the beedi workers and the company.”
Continue reading
“The grant of bail in separate disproportionate assets case also does not automatically entitle him to bail in the present case, which must be evaluated independently on its own factual matrix and material available on record.”
Continue reading
“When the Section 7 of Insolvency and Bankruptcy Code, 2016 (IBC) application is based on default committed subsequent to Section 10-A of the IBC period and the amount claimed subsequent to Section 10-A of the IBC period is well beyond threshold, application cannot be rejected on the ground.”
Continue reading
“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.”
Continue reading
The Court noted that despite filing an appeal before the NCLAT, the petitioners filed the present writ petition challenging the demand notice issued by the Bank.
Continue reading
“The offences alleged to have been committed by the applicant under the IPC cannot be regarded as acts done or purported to be done in furtherance of his official duties.”
Continue reading
“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.”
Continue reading
“Procedural provisions should not be interpreted with rigidity to the extent of defeating the substantive rights vested in the parties.”
Continue reading
The accused had allegedly contravened Sections 318(4), 319(2), 336(3), 338, 340(2), 112(2) and 61(2)(a) of the Bharatiya Nyaya Sanhita, Section 66D of the Information Technology Act, and Section 13 of the Rajasthan Public Gambling Ordinance, 1949.
Continue reading
“The question of law is kept open to be decided in an appropriate case.”
Continue reading
“The sine qua non of the offence of rape is penetration, and not ejaculation. Ejaculation without penetration constitutes an attempt to commit rape and not actual rape.”
Continue reading
“The filing of a charge-sheet, taking of cognizance, or issuance of summons does not terminate protection unless special reasons are recorded.”
Continue reading
“If the law permits the accused parents to eliminate the children born with mental retardation, no such child would survive in this world.”
Continue reading
“The Court is unable to accept the submission that mere employment or earning of the wife is, by itself, a ground to deny maintenance. The object of Section 125 CrPC is not merely to prevent destitution, but to ensure that the wife is able to live with dignity, consistent with the status of the husband.”
Continue reading
CCI noted that warranty is an important factor when buying a boxed microprocessor, as it protects against defects and gives consumers confidence. Intel’s data from 2016—2021 shows failures do occur, so denying warranty in India for products bought abroad harms consumers and creates adverse effects on competition.
Continue reading
“It is well settled proposition of law that bail is the rule, and jail is an exception and pre-trial incarceration of the wife should not be a replica of post-conviction sentencing.”
Continue reading
“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.”
Continue reading
“No recovery of any contraband has been effected from the personal or conscious possession of the accused. The recoveries were made from the premises of third-party i.e. courier companies upon the disclosure statements of the co — accused”
Continue reading
The Court impleaded Union of India through Secretary, Department of Legislation and State of Uttar Pradesh through its Chief Secretary as new party respondent.
Continue reading
The applicant averred that he discovered a video on the Meta Inc. platform falsely portraying that he suffered from prostatitis, a claim he denied, asserting that the publication was false, misleading and an intrusion into his private life.
Continue reading