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Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty. Service Law — Dismissal from Service — Disciplinary Proceedings — Violation of Natural Justice — Requirement of Oral Enquiry — Employer’s Burden of Proof — The Apex Court held that unless the charged employee clearly admits guilt, a disciplinary enquiry must be held — The employer must first present evidence and witnesses, allowing the employee to cross-examine — Only then should the employee be given an opportunity to present their defense — The Court emphasized that relying solely on documents without examining witnesses or making them available for cross-examination when charges are denied, vitiates the enquiry. Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — Setting aside an ex parte decree — A minor who was not properly represented in succession proceedings, despite being a legal heir and known to respondents, can file an application under Order 9 Rule 13 CPC after attaining majority to challenge the ex parte proceedings. Companies Act, 2013 — Section 185 — Loan to directors — Violation of Section 185 — Loan from company to director for securing bail without special resolution — Deposit of Rs. 50 Crores for bail sourced from company funds without proper approval — Held to be not sustainable in law. Contract Law — Termination and Blacklisting — Principles of Judicial Review — Courts must apply distinct standards of legality, rationality, and proportionality when reviewing administrative actions related to contract termination and blacklisting, considering the differing gravity of these measures and their consequences.

Whether on similar set of allegations of fact the accused can be tried for an offence under NI Act which is special enactment and also for offences under IPC unaffected by the prior conviction or acquittal and, the bar of Section 300(1) Cr.P.C. would attract for such trial? Larger bennch.

SUPREME COURT OF INDIA DIVISON BENCH J. VEDHASINGH — Appellant Vs. R.M. GOVINDAN AND OTHERS — Respondent ( Before : S. Abdul Nazeer and J.K. Maheshwari, JJ. ) Criminal Appeal…

HELD ends of justice would be met if we direct the appellant/buider herein to refund the amount of Rs. 3,24,780/- (Rupees Three Lakh Twenty Four Thousand Seven Hundred Eighty only) with interest at the rate of 12 per cent per annum to the original complainant and put an end to the entire litigation.

SUPREME COURT OF INDIA DIVISON BENCH M/S SIDDHYVINAYAK INFRASTRUCTURE — Appellant Vs. KAMALAKAR JAYANT SRIVASTAVA AND ANOTHER — Respondent ( Before : Dr. D.Y. Chandrachud and J.B. Pardiwala, JJ. )…

Transparency in expenses – Intent behind specifying total expense ratio and the performance disclosure for mutual funds is to bring greater transparency in expenses and to not confer any right on the mutual fund distributors to claim expenses under clause (b) to Regulation 41(2), which pertains to the procedure and manner of winding up.

SUPREME COURT OF INDIA DIVISON BENCH FRANKLIN TEMPLETON TRUSTEE SERVICES PRIVATE LIMITED AND ANOTHER — Appellant Vs. AMRUTA GARG AND OTHERS ETC. — Respondent ( Before : S. Abdul Nazeer…

Service Matters

There is a clear distinction in law between junior resident doctors and regularly recruited ESIC doctors – The in-service quota is, therefore, justifiably made available to the latter category – Petitioners cannot claim parity with regularly recruited insurance medical officers in seeking the benefit of the in-service quota.

SUPREME COURT OF INDIA DIVISON BENCH HEMANT KUMAR VERMA AND OTHERS — Appellant Vs. EMPLOYEES STATE INSURANCE CORPORATION AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

Respondent-claimant earlier initiated the arbitration proceedings under Section 9 of the Arbitration Act in the Court at Vishakhapatnam – Only the High Court of Andhra Pradesh at Amaravati would have jurisdiction to entertain the application under Section 11(6) of the Act – Appeal allowed.

SUPREME COURT OF INDIA DIVISON BENCH GENERAL MANAGER EAST COAST RAILWAY RAIL SADAN AND ANOTHER — Appellant Vs. HINDUSTAN CONSTRUCTION CO. LTD. — Respondent ( Before : M. R. Shah…

Appeal against grant of anticipatory bail HELD It is a peremptory direction affecting a third party. The adverse impact of the direction goes to the very livelihood of the appellant. It has also civil consequences for the appellant. Such a peremptory direction and that too, without even issuing any notice to the appellant was clearly unjustified

SUPREME COURT OF INDIA DIVISON BENCH KANCHAN KUMARI — Appellant Vs. THE STATE OF BIHAR AND ANOTHER — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Criminal…

Consumer complaint – Loss or damage of JCB Excavator – Compensation – HELD due to the collapsing of the road, which resulted in the vehicle falling into a deep ditch in a hilly terrain of the State of Uttarakhand – Direction issued to Insurer to pay a sum of Rs 13.50 lakh to the appellant, together with interest.

SUPREME COURT OF INDIA DIVISON BENCH SHARDA ASSOCIATES — Appellant Vs. UNITED INDIA INSURANCE COMPANY LTD — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A S Bopanna, JJ.…

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