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IMPORTANT POINT
Appeal against arbitral award – When State uses its sovereign power of eminent domain and acquires land for a public purpose, such an exercise cannot be set at naught by beneficiary of such acquisition, by entering into a private agreement shortly after acquisition so as to reverse usage of power of eminent domain by State. ,20 Mar 2025
Supreme Court of India
IMPORTANT POINT
Pension – Pension is not a charity or a bounty and an employee is entitled to receive his pension – Where claim relates to a continuing wrong which does not affect rights of third parties, equities can be balanced by restricting arrears for the entitlement which a claimant is held to be eligible for. ,20 Mar 2025
Supreme Court of India
IMPORTANT POINT
Right of appearance of Advocates – Right of an Advocate to appear for a party and to practise in courts is coupled with duty to remain present in court at the time of hearing, and to participate and conduct proceedings diligently, sincerely, honestly and to the best of his ability – Rights and duties are two sides of same coin and they are inherently connected with each other. ,19 Mar 2025
Supreme Court of India
IMPORTANT POINTS
(1) Promotion – Once a person joins as an Assistant Engineer, i.e. feeder post under a separate service governed by Special Rules, 1960, then that person irrespective of how he/she has been appointed to that post, has option to migrate to either degree or diploma quota, provided he/she has obtained a degree or a diploma.
(2) Rules of Construction – More absurd a suggested conclusion of construction is, more court will lean against that conclusion. ,18 Mar 2025
Supreme Court of India
IMPORTANT POINT
Mode of payment of compensation in motor accident cases – Direction can always be issued to transfer amount into bank account(s) of claimant(s) with intimation to Tribunal – Courts/Tribunals can always follow this process in any matter, whenever any amount is to be paid by one party to another. ,18 Mar 2025
Supreme Court of India
IMPORTANT POINT
The prosecution must establish a clear causal link between an accused's actions and the resulting death; failure to do so may lead to a conviction for a lesser offense. ,18 Mar 2025
Kerala High Court
IMPORTANT POINT
Insufficient evidence to establish criminal liability under POCSO Act when both the accused and the witness had a duty to report, emphasizing the need for more than mere statements. ,18 Mar 2025
Kerala High Court
IMPORTANT POINT
Dishonour of cheque – Return of cheques dishonoured simpliciter does not create offence under Section 138 NI Act – Cause of action arises only when demand notice is served and payment is not made pursuant to such demand notice within stipulated fifteen-days period. ,17 Mar 2025
Supreme Court of India
IMPORTANT POINTS
(1) FIR – There is no absolute rule that preliminary inquiry must be conducted in every case before registration of FIR – Police authorities are obligated to register FIR when information received prima facie discloses a cognizable offence.
(2) Judicial overreach – Courts cannot rewrite statutory provisions or introduce additional procedural safeguards that are not contemplated by law. ,17 Mar 2025
Supreme Court of India
IMPORTANT POINT
Bail is the rule and jail is the exception, emphasizing the need for courts to grant bail when warranted, especially when conditions are satisfied. ,17 Mar 2025
Kerala High Court
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