Latest Post

Industrial Disputes Act, 1947 — Section 25-O — Procedure for closing down an undertaking — Right to close down business is integral to right to carry on business under Article 19(1)(g) but subject to reasonable restrictions — Section 25-O provides a detailed procedure for obtaining prior permission for closure — Appropriate Government must conduct an enquiry and grant a hearing before passing a reasoned order — If no order is communicated within 60 days, permission is deemed to be granted. Criminal Law — Circumstantial Evidence — Admitted Facts — Cause of death by gunshot from a specific weapon in appellant’s home undisputed — Appellant admitted removing the body and cleaning the scene — Discovery of articles linked to the incident from appellant’s disclosure relevant for Section 201 IPC. Maternity leave as a facet of reproductive rights and dignity is a constitutional guarantee, requiring service rules to be interpreted liberally, not restricting benefit based on children from a previous marriage not in the employee’s custody. A flawed investigation, suppression of material evidence in the form of contradictory witness affidavits, and failure to address glaring inconsistencies render prosecution evidence unreliable, necessitating acquittal to ensure a fair trial. Five golden principles for cases based on circumstantial evidence reiterated: (1) circumstances establishing conclusion of guilt must be fully established; (2) facts established consistent only with hypothesis of guilt; (3) circumstances conclusive in nature; (4) exclude every possible hypothesis except guilt; (5) complete chain of evidence leaving no reasonable ground for innocence

Income Tax Act, 1963 – Section – 245C, 245H, 245D – Application for settlement – The assessee approached the Settlement Commission (Commission) with an application under Section 245-C of the Act – Section 245-H empowers the Commission to grant immunity from prosecution to an applicant if it is satisfied that he has made full disclosure of his income and has fully cooperated with the Commission

  (1996) 2 AD 629 : (1996) 132 CTR 290 : (1996) 219 ITR 618 : (1996) 3 JT 144 : (1996) 2 SCALE 655 : (1996) 8 SCC 154…

Service Matters

Promotion – The respondents-employees were appointed to the posts of L.D.C. in 1970-71 – The Departmental Promotion Committee constituted for the purpose of selection for promotion to the post of U.D.C. had considered the appellant’s claim and found him fit. It regularised his services and has given him the promotion as he was senior to the respondents

  (1997) 10 JT 700 : (1997) 3 SCALE 91 : (1997) 9 SCC 658 : (1997) SCC(L&S) 1098 : (1997) 2 SCR 628 SUPREME COURT OF INDIA PRAHALLAD BARAL…

Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 – Section – 3(7) – Judicial separation – The claim made by learned Senior Counsel for the appellants, is that a wife who had separated in property from her husband, shall be treated to be a judicially separated wife for the purposes of Section 3(7) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960

  (1998) 7 JT 237 : (1998) 9 SCC 186 SUPREME COURT OF INDIA SAROJ BHARDWAJ (SMT) AND ANOTHER — Appellant Vs. ADDITIONAL CIVIL JUDGE AND OTHERS — Respondent (…