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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.

Motor Accident Compensation] For Age Group 15-25, Multiplier To Be Applied Is ’18’HELD multiplier applied was 13 while as per the judgment in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr.- (2009) 6 SCC 121, it should have been 18.(b) The interest granted is of 6% which generally the interest being granted is of 9%”

Motor Accident Compensation] For Age Group 15-25, Multiplier To Be Applied Is ’18’, Reiterates SC   IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2831 of 2020…

Prevention of Food Adulteration Act, 1954, Section 16(1A) and Section 16(1)(a)(ii) – Adulterated Haldi Powder HELD the report of the public analyst does not mention that the sample was either “insect infested” or was “unfit for human consumption”, in the absence of such an opinion, the prosecution has failed to establish the requirements of Section 2 (1a)(f) of the Act

  IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 2255 OF 2010 PREM CHAND …APPELLANT Versus STATE OF HARYANA …RESPONDENT JUDGMENT N. V. RAMANA, J. 1.…

Income Tax Act, 1961 – Section 194C – Tax Deduction at Source – Applicability of Section 194C – Question of TDS under Section 194C(2) would have arisen only if the payment was made to a “sub-contractor” and that too, in pursuance of a contract for the purpose of “carrying whole or any part of work undertaken by the contractor” Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH SHREE CHOUDHARY TRANSPORT COMPANY — Appellant Vs. INCOME TAX OFFICER — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil Appeal…

Service Matters

Service Law – Appointment – Post of Medical Officer (Homeo) – 1% reservation was provided to the Hindu Nadar Community – Circular of the Commission could not adversely affect the claim of the appellants – Commission was bound to fill up the shortfall in the vacancies reserved for the Hindu Nadar Community.

SUPREME COURT OF INDIA FULL BENCH DR. ASWATHY R.S. KARTHIKA AND OTHERS — Appellant Vs. DR. ARCHANA M. AND OTHERS — Respondent ( Before : L. Nageswara Rao, Hemant Gupta…

Service Matters

Army Act, 1950 – Section 71 and 71(h) – General Court Martial – Cashiering from service – Pensionary benefits – If the penalty imposed by the Court Martial of cashiering from service is upheld, forfeiture of all the pensionary benefits of the Appellant is not automatic – In the absence of an order passed under Section 71 (h), the pension of the Appellant cannot be forfeited

  SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. LT. COL. S. S. BEDI — Respondent ( Before : L. Nageswara Rao, Hemant Gupta…

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