05/09/2023
An employee has no vested/inherent right to stake a claim for leave encashment, unless otherwise enabled by the statute or by norms or rules regulating conditions of service. – Kerala High Court The Petitioner who resigned before he had attained the cut off age of 55 years sought the benefit of earned leave as per the scheme opted by him. The Court remarked that the incident of retirement, either voluntary or on superannuation, is a sine qua non for claiming the benefit of earned leave as...
view more05/09/2023
A proclaimed offender would not be entitled to anticipatory bail. Supreme Court reiterates. The Supreme Court dissatisfied with the Order of High Court granting anticipatory bail to a proclaimed offender held that the respondent, without first successfully assailing the order declaring him as a proclaimed offender, could not have proceeded to seek anticipatory bail and that the respondent’s application under Section 438, CrPC should not have been entertained, as he was a proclaimed offend...
view more02/09/2023
Taunt by mother-in-law about how the victim wore a maxi is wholly insufficient to constitute cruelty in terms of Section 498A IPC. Supreme Court quashes FIR against the in-laws as the allegations of harassment were general, omnibus and far-fetched. Abhishek v. State of Madhya Pradesh Hon’ble Justice Aniruddha Bose, Hon’ble Justice Sanjay Kumar & Hon’ble Justice S.V.N. Bhatti Decided on 31st August, 2023 For full textclick here
view more02/09/2023
Centre notifies Justice C.S Sudha to be appointed as the permanent Judge of Kerala High Court. For notificationclick here
view more01/09/2023
[S. 203 Cr.P.C.] While dismissing a complaint the Magistrate can take into consideration inherent improbabilities appearing on the face of the complaint or in the evidence led by the complainant in support of the allegations. Kerala High Court, in exercise of its revisional powers, upholds the decision of the Magistrate Court to dismiss a complaint under Section 203 Cr. P.C. on the grounds that the latter was not perverse or untenable in law due to the fact that the Magistrate Court had gone th...
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