Powers of District Judge to grant leave for instituting suit against Public Charities

Suit against Public Charities can be instituted in the District Court only before the District Judge and no other and such a suit can be instituted only after obtaining leave of the court and not otherwise. Since grant of leave is an imperative condition precedent to the institution of the suit, the District Judge can permit such institution only if he is subjectively satisfied that the plaint averments disclose the essential ingredients required under Section 92 of Civil Procedure Code. Since Section 92 of Civil Procedure Code permits institution of a suit only after obtaining leave of the court and such leave can be granted only if Court obtains subjective satisfaction that ingredients of the section are attracted, it would brook no ambiguity that it is only that court, competent to permit institution of the suit, can grant leave for such purpose. In the absence of a notification permitting institution of a suit before an Additional District Judge, the jurisdiction to consider a petition for leave and to permit institution of a suit thereunder is only with the District Judge, but not with an Additional District Judge. As a necessary derivative, the District Judge would obtain no competence to assign such a petition for consideration to the Additional District Judge

Conviction under S. 411 IPC for dishonestly receiving stolen property is invalid when the accused persons are acquitted under S. 379 IPC for theft arising from the same transaction.

AIR 2025 SC 3890 : AIROnline 2025 SC 760 Legal principles "In a criminal prosecution, the initial burden is always on the prosecution to discharge.", "Conviction under Section 411 IPC requires that the property is proved to be stolen property.", "If the prosecution fails to establish

Benefit of maternity leave with allowance to Contractual employee

AIROnline 2022 KER 275 An educational society CPAS is an "establishment" under S. 2(1)(b) of Maternity Benefit Act, 1961, as the term covers any establishment under State law, not only commercial entities. Hence MB Act's applicable to contract employees in establishments like CPAS. Further

Legal Principles Regarding First Appeal S. 96 of Civil P C

AIROnline 2025 MAD 723 "Right of first appeal is a substantive, valuable right and not merely procedural.", "Unless expressly excluded by statute, the right of appeal cannot be limited or taken away by subsequent legislation.", "Appeal is a continuation of the suit.", "Judicial

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