Criminal Procedure Code, 1973 — S. 482 and Ss. 227 & 228 — Quashment
Stage of framing of charge: Principles that must keep in mind by High Court while exercising jurisdiction under S. 482 at the stage of framing of charges. Held, High Court…
Disaster Management Act, 2005 — Ss. 12(iii), 48, 6(1) and 6(2)(g) – constitution of India (Art.21)— Notified disaster
Ex gratia monetary compensation to families of deceased who have succumbed to pandemic of COVID-19: Word “shall” used in S. 12, held, cannot be interpreted and considered as “may”. It…
Income Tax Act, 1961 — S. 254(2-A) (as amended by the Finance Act, 2008 w.e.f. 1-10-2008): Third proviso to S. 254(2-A), limiting extension of stay order to a maximum period of 365 days
Held, unequals are being treated equally in that no differentiation is made by the third proviso between the assessees who are responsible for delaying the proceedings and assessees who are…
Criminal Procedure Code, 1973 — S. 482 — Quashment application
In the instant case, when High Court quashed criminal proceedings, the IO had after doing the investigation and collecting the evidence, had filed the charge sheet before Magistrate for offences…
Insolvency and Bankruptcy Code, 2016 — Ss. 238-A and 7: S. 14 of the Limitation Act, 1963 i.e. for exclusion of time in proceeding bona fide wrong court or forum
Held, is applicable to applications preferred under S. 7 IBC once it is shown that all conditions for application of S. 14 of the Limitation Act are satisfied in the…
Service Law – Antecedents/Character for Appointment of Police and Involvement in offence(s) involving moral turpitude/violent activities:
Determination of entitlement to appointment in case of offences involving moral turpitude, violent activities would depend on nature of offence charged with and result of same. Mere acquittal not sufficient…
Service Law — Pay — Entitlement to, if any, to Revision of pay —— Factors to be considered when employer does decide to revise pay and Relevance of Financial constraints of employer
Principles clarified re three broad sets of employers viz. (i) Employers in organised sector like industry; (ii) Employers in public sector undertakings including Boards and Corporations and other establishments which…
Criminal Procedure Code, 1973 — S. 197 — Previous sanction for prosecution of public servant
S.197 CrPC seeks to protect officer from unnecessary harassment, who is accused of offence committed while acting or purporting to act in discharge of his official duties and, thus, prohibits…
Matrimonial Dispute-Civil Procedure Code, 1908 — S. 25 — Transfer of cases
In this case, prayer for transfer of case, declined. However, directions on manner of conducting of proceedings were issued. Trial court was directed to conduct proceedings online for effective participation…
Rent Control and Eviction- UP Urban Buildings (Regulation of letting , Rent and Eviction) Rules, 1972- Deemed vacancy for nonresidential premises (shop)
Subsequent events effecting partnership business. With the death of both partners and not having any clause permitting continuation of the partnership by legal heirs, the nonresidential tenanted premises, held, are…