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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.

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

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

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

Deceased travelling in train after consuming liquor and without any valid pass/ticket is not a bonafide passenger and no compensation can be granted for his death in railway accident

Deceased travelling in train after consuming liquor and without any valid pass/ticket is not a bonafide passenger and no compensation can be granted for his death in railway accident

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In absence of any proof of suicide, incident of train hitting a bonafide passenger leading to his instant death, would amount to an untoward incident

In absence of any proof of suicide, incident of train hitting a bonafide passenger leading to his instant death, would amount to an untoward incident

It is the case of the widow that while deceased went to railway station to receive his son, he met with accident. The deceased was holding a valid platform ticket and was a bona fide passenger. It was however claimed by the Loco Pilot that the deceased committed suicide by

Roznama entry passed by Presiding Officer cannot be considered as judgment and decree

Roznama entry passed by Presiding Officer cannot be considered as judgment and decree

A Judgment should always be in writing, signed and mention date of its pronouncement. A Roznama entry passed by Presiding Officer cannot be considered as judgment and decree as provided under Civil P. C. of 1908. The Bombay High Court has held that in absence of a signed and dated

Writ of mandamus can be issued to Panchayats if they are not taking strict actions against unauthorised construction

Writ of mandamus can be issued to Panchayats if they are not taking strict actions against unauthorised construction

The petitioner's grievance was that despite his complaints the Statutory Authorities were not taking adequate action or were involved in taking only cosmetic action. Hence the petitioner sought for a writ of mandamus of the authorities. Despite the issuance of stop work notice by Administrator of Panchayat, opposite