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Conditional Guarantee Found Inoperative in Absence of CDR Approval. No life to a contract where pre-conditions remain unmet, rules Bombay High Court.

The suit revolves around whether the Deed of Guarantee executed by the plaintiff, Mr. Deepen Arun Parekh, became operative. The court held that the gu...

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"Temporary Appointment of Staff in Liquidation Cases: A Legal Analysis under Rules 308 and 309" Balancing Liquidation Needs with Legal Sanctions

The Bombay High Court (Nagpur Bench), in Company Application No. 48/2024, addressed the appointment of a Peon (MTS) in liquidation proceedings under R...

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"Supreme Court Examines the Necessity of Sanction under Section 197 CrPC in Alleged Conspiracy Cases" "Balancing Official Duty and Accountability: Public Servants and Legal Immunity in Criminal Prosecutions"

The Supreme Court ruled on the necessity of prior sanction under Section 197 of the CrPC for prosecuting public servants accused of conspiring to crea...

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Balancing procedural compliance and rights under the Prevention of Food Adulteration Act.

The Bombay High Court dealt with a criminal application under Section 482 of the Cr.P.C. filed by Hindustan Coca-Cola Beverages Pvt. Ltd. to quash pro...

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Supreme Court Upholds Marks for Outsourced Experience in Government Jobs. Balancing procedural rigor with social justice in public employment.

The Supreme Court of India upheld the claim of an outsourced employee, Ms. Monika, to receive marks for her work experience as a clerk under the Outso...

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Supreme Court Restores Conviction in Corruption Case Involving Public Servant's Demand for Bribe. Demand and acceptance of bribe conclusively established; High Court’s acquittal reversed for lack of proper evaluation.

The Supreme Court reinstated the conviction of the respondent, Chandrasha, a public servant, for offenses under Sections 7 and 13(1)(d) read with Sect...

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Protecting the Fundamental Right to Liberty under Article 21. Illegal Arrest of a Decorated Police Officer: Bombay High Court Awards Compensation for Violation of Fundamental Rights.

The Bombay High Court, in the case of Sambhaji Achyutrao Patil v. State of Maharashtra & Ors., addressed the illegal arrest and detention of a se...

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Disciplinary Proceedings After Retirement: Void Jurisdiction. Legal fiction of continuation in service does not apply when disciplinary proceedings are initiated post-retirement.

This case examines the jurisdiction to initiate disciplinary proceedings after an officer’s superannuation. The Supreme Court ruled that such procee...

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Supreme Court Quashes PMLA Case Cognizance Against Public Servants Without Prior Sanction. Section 197 CrPC Applicability Affirmed in Money Laundering Cases Involving Public Servants.

The Supreme Court, in Directorate of Enforcement vs. Bibhu Prasad Acharya and Others (2024 INSC 843), upheld the decision of the High Court to quash t...