Evidence Law; Kuna @ Sanjaya Behera Vs. State of Odisha [Supreme Court of India, 17-11-2017]

Evidence Law – The quintessence of the enunciation is that the expression “proved”, “disproved” and “not proved”, lays down the standard of proof, namely, about the existence or non-existence of the circumstances from the point of view of a prudent man, so much so that while adopting the said requirement, […]

Constitutional Law; Kamini Jaiswal Vs. Union of India [Supreme Court of India, 14-11-2017]

Hon’ble Chief Justice of India is the master of the roster, and any order which had been passed contrary to the order of the Constitution Bench, was held to be ineffective in law, not binding on the Hon’ble Chief Justice of India.

Minimum Wages; Kerala Private Hospital Association Vs. State of Kerala [Supreme Court of India, 09-11-2017]

Minimum Wages Act, 1948 – Section 9 – Minimum Wages (Central) Rules, 1950 – Composition of Committees – Revision of minimum wages payable to the employees working in the private hospitals and other allied institutions.

Criminal Law; State of Uttar Pradesh Vs. Tribhuwan [Supreme Court of India, 06-11-2017]

Indian Penal Code, 1860 – S. 325 – Punishment for voluntarily causing grievous hurt – Once the accused is held guilty of commission of offence punishable under Section 325 IPC, then imposition of jail sentence and fine on the accused is mandatory – the award of punishment would include both, i.e., jail […]

Criminal Law; Senior Manager (P&D), Riico Ltd. Vs. State of Rajasthan [Supreme Court of India, 03-11-2017]

Criminal Procedure Code, 1973 – S. 195(1)(b)(ii) – Holding that the Section 195(1)(b)(ii) Cr.P.C. is not attracted in the present case, the Revisional Court vide its judgment dated 21.07.2003 has directed the court below to pass an order in accordance with law on the basis of evidence available. Hence, the Chief […]

Service Law; Maharashtra Forest Guards and Foresters Union Vs. State of Maharashtra [Supreme Court of India, 03-11-2017]

Constitution of India, 1950 – Articles 14 and 16 – Forester, Forest Guard, Ranger-Surveyor, Surveyor, Head Clerk, Accountant and Clerk-cum-Typist (Recruitment) Rules, 1987 – Educational Qualification – Limited Departmental Competitive Examination (LDCE) – Discussed. 

Education Law; Orissa Lift Irrigation Corp. Ltd Vs. Rabi Sankar Patro [Supreme Court of India, 03-11-2017]

AICTE (Grant of Approval for starting new Technical Institutions, introduction of courses or programmes and approval of intake capacity of seats for courses or programmes) Regulations, 1994 – AICTE Regulations, do apply to Deemed to be Universities – Deemed to be Universities were not justified in introducing any new courses […]

Motor Vehicles Act; National Insurance Company Limited Vs. Pranay Sethi [Supreme Court of India, 31-10-2017]

Motor Vehicles Act, 1988 – Ss. 163A & 166 – Permanent Job – While determining the income, an addition of 50% of actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was below the age of 40 years, should be made. […]