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Employer Cannot Defeat Claim for Compassionate Appointment by Delaying Its Processing: Supreme Court
The Supreme Court has ruled that an employer cannot keep an employee's application for voluntary retirement on medical grounds pending until the employee crosses the prescribed age limit and then reject the dependent's claim for compassionate appointment on that basis. The Court held that such an approach would allow…
'Worried About What's Being Done to Him': Sonam Wangchuk's Wife Seeks Urgent Hearing in Letter to Delhi High Court Chief Justice: Delhi High Court
A fresh legal development has emerged in connection with activist Sonam Wangchuk after his wife, Gitanjali Angmo, approached the Chief Justice of the Delhi High Court seeking urgent intervention. Through a letter, she has requested the immediate release of her husband from Safdarjung Hospital or, alternatively, an…
Accused Not Discharged in False Promise to Marry Case; Trial to Continue: Delhi High Court
The Delhi High Court has refused to discharge a man accused of rape and unnatural sexual offences on the false promise of marriage, holding that the allegations require a full-fledged trial. The Court observed that at the present stage there was sufficient material raising serious suspicion against the accused and the…
Ex Parte Divorce Decree Upheld; Knowledge of Pending Case Bars Relief Under Order IX Rule 13 CPC: Calcutta High Court
The Calcutta High Court has held that an ex parte divorce decree cannot be set aside merely because of alleged defects in the service of summons when the record clearly shows that the defendant had prior knowledge of the matrimonial proceedings. The Court ruled that once it is established that the party was aware of…
Pending Civil Suits and Arbitration Claims Stand Extinguished After Approval of IBC Resolution Plan Unless Claims Are Crystallised: Supreme Court
The Supreme Court has held that pending civil suits and arbitration proceedings relating to operational creditor claims cannot continue after approval of a resolution plan under the Insolvency and Bankruptcy Code, 2016 if those claims had not become final, determinable and quantifiable before the approval of the…
Recovery of Dead Body Not Necessary for Murder Conviction: Supreme Court
The Supreme Court has upheld the conviction of Debojit Pankika Charaideo Sonari for the murder of a 10-year-old girl and for causing the disappearance of evidence. The Court ruled that the non-recovery of a dead body does not by itself defeat a prosecution for murder if the prosecution successfully establishes a…
Earlier Testimony of Deceased Witness Admissible Against Absconding Accused if Section 299 CrPC Conditions Are Fulfilled: Supreme Court
The Supreme Court has held that the testimony of a deceased witness recorded during the trial of co-accused can be relied upon against an accused who deliberately remained absconding, provided the mandatory conditions under Section 299 of the Code of Criminal Procedure were satisfied when the evidence was recorded.…
FIR Over Distribution of Rampal’s Books Allegedly Containing Remarks Against Hindu Gods Not Quashed: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that a criminal court cannot take cognisance of an offence under Section 295A of the Indian Penal Code without obtaining the mandatory prior sanction required under Section 196 of the Code of Criminal Procedure. The Court quashed the criminal proceedings initiated against Vivek…
Domestic Incident Report Alone Cannot Determine Whom to Summon in Domestic Violence Cases: Delhi High Court
The Delhi High Court has held that a Domestic Incident Report (DIR) cannot be treated as the sole basis for deciding whether respondents should be summoned in proceedings under the Protection of Women from Domestic Violence Act, 2005. The Court ruled that while the DIR is an important document, it cannot replace or…
High Courts Cannot Reassess Factual Findings Under Article 226; Certiorari Jurisdiction Is Supervisory: Supreme Court
The Supreme Court has held that while exercising powers under Article 226 of the Constitution of India, a High Court cannot interfere with factual findings recorded by a civil appellate court merely because it takes a different view of the evidence. The Court clarified that interference is permissible only where there…
