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Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence To attract S. 307 IPC, the crucial element is the intention or knowledge to cause death with which the act is done, irrespective of the nature or severity of the injury actually caused. S. 307 uses the word ‘hurt’, not ‘grievous hurt’ or ‘life-threatening hurt’ — Therefore, an accused cannot be acquitted merely because the injury inflicted was not grievous or dangerous to life, if the evidence establishes that the act was done with the requisite intention or knowledge to cause death
Service Matters

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

2007(5) LAW HERALD (SC) 3917 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 3984 of…

Registration of FIR–High Court should discourage the practice of filing a writ petition or petition under Section 482 Cr.P.C. simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police.

   2007(5) LAW HERALD (SC) 3910 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 1685 of…

Gratuity–Where a benefit has been extended by the Authorities under the Act to the workman by recording a finding that the applicant had completed requisite service of 5 years to be eligible to get gratuity–High Court should not interfere with such findings even if another view is possible.

  2007(5) LAW HERALD (SC) 3904  IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No. 3889 of…

Rents Law–A Member of a tenant co-partnership Housing Societies is not a tenant within the meaning of section 5(11) of the Rent Act. Rents Law–The question regarding legality or otherwise of the creation of tenancy right by the Member, which amounts to transfer of interest of a Member in the property of cooperative society, can be decided by raising a dispute before the Co-operative Court.

2007(5) LAW HERALD (SC) 3877   IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Justice P.P. Naolekar Civil Appeal Nos. 2990-2991 of 2005…

Service and Labour Law–Industrial Disputes Act,1947, Section 25F–Termination–Workman appointed as a Security Guard in the Telecom Department on 1-10-1996–Terminated from service on 1-6-1999–Termination challenged on the ground that provisions of section 25F of the I D. Act had not complied with as he had completed 240 days of service before the impugned order

  2007(5) LAW HERALD (SC) 3874   IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 4264…

Administration of Justice–It cannot be laid as a rule of universal application that whenever any learned Single Judge had dealt with a case even for routine purposes like issue of process or rectification of defect or even to pass an order of adjournment, that would preclude him from hearing the appeal.

  2007(5) LAW HERALD (SC) 3856  IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 4266 of…

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