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Latest Cases
IMPORTANT POINT
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children. ,28 Sep 2022
Supreme Court of India
IMPORTANT POINTS
(1) Impleadment of necessary party in suit – If a necessary party is not impleaded, suit itself is liable to be dismissed.
(2) Non-disclosure of relevant and material documents with a view to obtain undue advantage would amount to fraud. ,28 Sep 2022
Supreme Court of India
IMPORTANT POINT
Salary – Leave encashment is part of salary – In present case, management establishment was recipient of 70% aid, in form of grant – State cannot shrug its responsibility to shoulder its part of responsibility to pay appellants share of leave encashment benefits. ,26 Sep 2022
Supreme Court of India
IMPORTANT POINT
Lapse of land acquisition proceeding – In case a person has been tendered compensation as provided under Section 31(1) of 1894 Act, it is not open to him to claim that acquisition has lapsed under Section 24(2) due to non-payment or non-deposit of compensation in court. ,26 Sep 2022
Supreme Court of India
IMPORTANT POINTS
(1) Possession of secured asset – Powers exercisable by CMM/DM under Section 14 of SARFAESI Act are ministerial step – Section 14 of SARFAESI Act does not involve any adjudicatory process qua points raised by borrowers against secured creditor taking possession of secured assets.
(2) Ratio decidendi – A judgment cannot be interpreted and applied to fact situations by reading it as a statute – One cannot pick up a word or sentence from a judgment to construe that it is ratio decidendi on relevant aspects of the case.
,26 Sep 2022
Supreme Court of India
IMPORTANT POINT
Acquisition of land – Quantum of compensation can be determined by Court by relying upon its earlier decisions.
,23 Sep 2022
Supreme Court of India
IMPORTANT POINT
ACR – All entries in ACR of a public servant must be communicated to him within reasonable period so that he can make a representation for his upgradation despite there be no rule or government order to that effect.
,23 Sep 2022
Supreme Court of India
IMPORTANT POINT
Group Insurance Policy – Insured shall be entitled to amount insured under policies for which amount of premium was already paid prior to death of insured.
,23 Sep 2022
Supreme Court of India
IMPORTANT POINT
Promotion – Non-filling of vacancies in promotional post would be prejudicial to interests of administration of any service – Normally, when seniority list is in challenge and a number of vacancies are available in promotional post, promotions would be permitted to be effected subject to result of Writ Petition carrying challenge against seniority list. ,23 Sep 2022
Supreme Court of India
IMPORTANT POINTS
(1) Default bail – Indefeasible right to default bail is an integral part of right to personal liberty under Article 21 and said right cannot be suspended even during pandemic situation.
(2) Default bail – Extension of period of investigation – Accused has right to oppose prayer for extension of remand – Extension of time is not an empty formality.
(3) Default bail – If accused is unable to furnish bail as directed by Magistrate, then continued custody of accused even beyond specified period will not be unauthorised and if during that period investigation is complete and charge-sheet is filed then indefeasible right of accused would stand extinguished.
,23 Sep 2022
Supreme Court of India
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