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Regularisation of contractual/ad hoc employees — Notifications dated 16.06.2014 and 18.06.2014, which sought to regularise the services of Group ‘B’, ‘C’, and ‘D’ employees were found to be valid as they aimed to provide benefits to employees left out from a previous regularisation policy and had clear criteria for eligibility such as working on sanctioned posts and possessing necessary qualifications. Environmental Law and Wildlife Protection — Illegal Sand Mining — Supreme Court’s Suo Motu Cognizance — The Supreme Court took suo motu cognizance of rampant illegal sand mining in the National Chambal Gharial Sanctuary, recognizing its severe impact on wildlife habitats, including endangered Gharials. The Court issued notices to concerned states and authorities, highlighting that such destruction of habitats violates environmental protection laws like the Wild Life (Protection) Act, 1972 and the Environment (Protection) Act, 1986. Arbitration and Conciliation Act, 1996 — Clause 25 of Bill of Lading — Interpretation of “can” — A clause stating that disputes “can be settled by arbitration” does not create a mandatory arbitration agreement — It implies a future possibility and requires further agreement between the parties to refer disputes to arbitration, as opposed to a definitive commitment. Subsidy Withdrawal — Authorities cannot withdraw an already granted subsidy or demand its refund without providing specific reasons or demonstrating non-compliance with scheme conditions. Merely finding a facility ‘in closed condition’ during an inspection, without further inquiry or evidence of failure to operate, is insufficient justification for withdrawal. Matrimonial law — Maintenance — Deductions from husband’s salary — Voluntary deductions for asset creation (e.g., loan repayments) cannot dilute primary maintenance obligation — Husband’s duty to maintain spouse is primary and continuing, enabling wife to live with dignity.

Criminal Procedure Code, 1973, S.362~Recalling of Order-However patently erroneous the earlier order be, it can only be corrected in the process known to law and not under Section 362 Cr.P.C.-The whole purpose of Section 362 Cr.P.C. is only to correct a clerical or arithmetical error. 

2018(3) Law Herald (SC) 1902 : 2018 LawHerald.Org 1401 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Sanjay Kishan Kaul Criminal Appeal No(S).…

Lynching—Police directed to register FIR against persons who spread irresponsible and explore message and videos on various social media platforms having content which is likely to incite mob violence and lynching of any kind. Lynching—Mob-violence—Parliament recommended to create a separate offence for lynching and provide adequate punishment for the same—Certain other directions also issued.

2018 (3) Law Herald (SC) 1873 SUPREME COURT OF INDIA FULL BENCH TEHSEEN S. POONAWALLA — Appellant Vs. UNION OF INDIA — Respondent ( Before : Dipak Misra, CJI., A.M. Khanwilkar…

Section 498- A, Judgement ” In the aforesaid analysis, while declaring the directions pertaining to Family  Welfare  Committee  and  its  constitution  by  the  District  Legal Services   Authority   and   the   power   conferred   on   the   Committee   is impermissible.  Therefore,  we  think  it  appropriate  to  direct  that  the investigating officers be careful and be guided by the principles stated in Joginder  Kumar  (supra),  D.K.  Basu  (supra),   Lalita  Kumari  (supra) and  Arnesh  Kumar  (supra).  It  will  also  be  appropriate  to  direct  the Director  General  of  Police  of  each  State  to  ensure  that  investigating officers  who  are  in  charge  of  investigation  of  cases  of  offences  under Section  498-A IPC  should  be  imparted  rigorous  training with  regard  to the principles stated by this Court relating to arrest. In view  of  the  aforesaid  premises,  the  direction  contained  in paragraph 19(i) as a whole is not in accord with the statutory framework and the direction issued in paragraph 19(ii) shall be read in conjunction with the direction given hereinabove. Direction No. 19(iii) is modified to the extent that if a settlement is arrived at, the parties can approach the High Court under Section 482 of the Code of Criminal Procedure and the High Court, keeping in view the law laid down in Gian Singh (supra), shall dispose of the same. As far  as  direction  Nos.  19(iv),  19(v)  and  19(vi)  and  19(vii)  are concerned, they shall be governed by what we have stated in paragraph 35.

    REPORTABLE     IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 73 OF 2015 Social Action Forum for Manav Adhikar                    …Petitioner(s) and another…

Narcotics—Personal Search—Accused posed faith in raiding party and gave written consent for being searched by raiding party—Held; this does not satisfy the requirement ofS.50 NDPS Act—Accused acquitted. Narcotics–Personal Search—Search before Magistrate or Gazetted officer is mandatory requirement and strict compliance thereof is mandated.

2018(2) Law Herald (P&H) 1617 (SC) : 2018 LawHerald.Org 925   SUPREME COURT OF INDIA DIVISION BENCH ARIF KHAN @ AGHA KHAN — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : R.K. Agrawal…

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