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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

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Section 306 – Quashing of proceedings – Offence of abetment of suicide – Suicidal note clearly referring to acts of accused and role played by them – It clearly refers to background in which victim took extreme step of taking away his life by committing suicide – High Court rightly refused to quash proceedings.

  AIR 2008 SC 527 : (2008) 106 CLT 313 : (2008) CriLJ 724 : (2007) 13 JT 166 : (2007) 3 SCALE 535 : (2008) 2 SCC 403 :…

Penal Code, 1860 (IPC) – Section 376(2)(e) – Rape with married woman – ‘Possibility’ or ‘certainty’ – It must be established by evidence that accused had knowledge that victim was pregnant – In the absence of any material brought on record to show that accused knew the victim to be pregnant, Section 376(2)(e) IPC cannot be pressed into service – To that extent judgments of Courts below unsustainable – Minimum sentence prescribed under Section 376(1) IPC is applicable.

  AIR 2006 SC 2214 : (2006) CriLJ 2913 : (2006) 5 JT 460 : (2006) 5 SCALE 614 : (2006) 9 SCC 787 : (2006) 2 SCR 318 Supp…

Rent and eviction – East Punjab Urban Rent Restriction Act, 1949 – Sections 11, 13 and 19 – Eviction – Scope of Sections 11 and 13 are quite different – Section 19 gives an additional right to authorities to impose penalty if a person has contravened provisions of Section 11 – Section 13 gives only a right to landlord to bring action against a tenant who has used demised premises for a purpose other than for which it was leased out,

  AIR 2009 SC 2406 : (2009) 9 JT 421 : (2009) 156 PLR 746 : (2009) 16 SCC 634 : (2009) 10 SCR 1201 : (2009) AIRSCW 4775 SUPREME…