What does the High Court see in Departmental Proceeding ?
The High Court can only see whether: (a) the enquiry is held by a competent authority or not; (b) the enquiry is held according to the procedure prescribed in that…
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Who will be entitled to interim custody of the property when the trial is pending?
Section 451 and Section 457 CrPC read as hereunder: “Section 451: Order for custody and disposal of property pending trial in certain cases. When any property is produced before any…
Regularization of Irregular Appointments
The employees who have continued his/her work for ten years or more in duly sanctioned vacant posts but without the intervention of orders of the courts or of tribunals then…
Section 8 of the Hindu Minority and Guardianship Act (HMGA), 1956
Section 8 of the Hindu Minority and Guardianship Act (HMGA), 1956 – It governs the powers, limitations and consequences of a guardian’s actions in respect of a minor’s property. “Section…
Difference Between Ex ante & Ex post
Ex ante means an assessment made before the occurrence of an event, based on anticipation of conduct or harm, whereas ex post scrutinizes the legality and liability after the relevant…
What is considered while granting bail to the NDPS case involving commercial quantity?
While considering the application for bail made by an accused involved in an offence under the NDPS Act a liberal approach ignoring the mandate under Section 37 of the NDPS…
Forms of Exploitation faced by the Temporary employees, particularly in Government Sector
Temporary employees, particularly in government institutions, often face multifaceted forms of exploitation. The foundational purpose of temporary contracts is to address short-term or seasonal needs, but nowadays, they have increasingly…
Regularization of service to an employee whose appointment is termed “temporary”
It is a settled principle that equals must be treated equally, and if persons similarly placed are treated differently without a rational basis, it would amount to a violation of…
When offence under Section 3(1)(r) of the SC/ST Act can be said to have been committed?
Sections 3(1)(r) and 3(1)(s) of the SC/ST Act read as under, “3. Punishments for offences atrocities.—3(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,— (a)…