Raw Law - Unfiltered Legal Insights

Kerala High Court Upholds Compulsory Retirement for Railway Protection Force Constable: “Unauthorized Absence, Disobedience of Orders, and International Travel Without Permission Amount to Neglect of Duty”

Court’s Decision The Kerala High Court upheld the appellate authority’s decision to impose the penalty of compulsory retirement on the petitioner, a Railway Protection Force (RPF) constable. The court dismissed…

Rawlaw December 16, 2024

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Supreme Court: Temporary Appointments Made Without Regular Recruitment Process Do Not Confer Right to Reinstatement; Awards ₹5 Lakh Compensation for Premature Termination and Discriminatory Treatment

Court’s Decision The Supreme Court overturned the Orissa High Court's decision to reinstate a computer technician whose temporary appointment was terminated before its expiration. The Court ruled that reinstatement was…

Rawlaw December 16, 2024

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Delhi High Court: Conviction Under Section 308 IPC Upheld for Grievous Assault with Danda; Sentence Reduced to Time Already Served Considering Socio-Economic Hardship and Mitigating Circumstances

Court’s Decision The Delhi High Court upheld the petitioner’s conviction under Section 308 IPC for causing grievous injuries to the victim with a wooden stick (danda). However, the sentence was…

Rawlaw December 16, 2024

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Kerala High Court Quashes Criminal Proceedings Against Kerosene Depot Licensee, Emphasizing “Vicarious Liability Cannot Be Imposed in Criminal Law Without Statutory Backing” and Finding Prosecution an Abuse of Judicial Process

Court’s Decision: The Kerala High Court quashed criminal proceedings against the petitioner, a licensee of a kerosene depot, accused of involvement in the unauthorized diversion of kerosene. The Court held…

Rawlaw December 16, 2024

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Supreme Court Quashes FIR Against Husband and Relatives in Matrimonial Dispute: Holds That Vague, Retaliatory, and Generalized Allegations Cannot Justify Criminal Prosecution

Court’s Decision: The Supreme Court of India quashed FIR No. 82 of 2022 filed against the husband (appellant No. 1) and his family members (appellants Nos. 2 to 6) under…

Rawlaw December 16, 2024

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Delhi High Court: “Liberty of an Accused is Paramount”; Grants Bail in Money Laundering Case Citing Lack of Prima Facie Evidence, Prolonged Detention Without Trial, and Article 21 Rights Over PMLA Restrictions

Court's Decision The Delhi High Court granted bail to the petitioners, holding that the stringent conditions under Section 45 of the Prevention of Money Laundering Act (PMLA) were satisfied. The…

Rawlaw December 16, 2024

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Kerala High Court Dismisses Appeals Without Prejudice: “Appellants Retain Right to Seek Modification of Interim Orders to Address Procedural Challenges in Medical College Regulation”

Court’s Decision: The Division Bench of the Kerala High Court dismissed the writ appeals filed by Kannur Medical College and others as withdrawn. The dismissal was done without prejudice, meaning…

Rawlaw December 16, 2024

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Supreme Court Acquits Accused in Property-Dispute Murder Case: Prosecution Fails to Prove Motive, Circumstantial Evidence, or “Last Seen Together” Beyond Reasonable Doubt

Court’s Decision: The Supreme Court reversed the convictions of Nusrat Parween, Ahmad Khan, and Abdul Rahman Khan for the alleged murder of Hamida Parween. The Court concluded that the prosecution…

Rawlaw December 16, 2024

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Delhi High Court: Appointment of Sole Arbitrator Upheld Under Section 11 of Arbitration and Conciliation Act; Non-Participation of Respondents Does Not Impede Arbitration Proceedings

Court’s Decision: The Delhi High Court, presided by Justice Sachin Datta, invoked its jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996, to appoint a Sole Arbitrator to…

Rawlaw December 16, 2024

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Kerala High Court Quashes Flawed Orders Denying Managerial Approval: Clarifies Educational Agencies Can Appoint Non-Owners as Managers Under Kerala Education Rules

Court’s Decision The Kerala High Court allowed the writ petition, overturning Exts. P6(a), P8, and P9 orders issued by educational authorities, which rejected the petitioners' request to approve the appointment…

Rawlaw December 16, 2024