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LawChef Delhi Court Rules Arvind Kejriwal's Arrest by CBI in Liquor Policy Case Not Illegal, Urges Caution👩⚖️ ➡️A Delhi Court ruled yesterday that the Central Bureau of Investigation's (CBI) arrest of Chief Minister Arvind Kejriwal in the liquor policy case is not currently illegal. ➡️Vacation judge Amitabh Rawat of Rouse Avenue Courts, while remanding Kejriwal to CBI custody for three days, emphasized that although the arrest is not unlawful, the CBI should exercise restraint. ➡️ He stated that investigation is the agency's prerogative and certain legal safeguards exist, but based on the current evidence, the arrest cannot be deemed illegal. ➡️Nonetheless, the agency should avoid being overly zealous. #law #legalnews #legalcontent #legalupdates #lawchef #lawfirm #lawyers #supremecour #arvindkejriwal #liquorpolicy #followers https://lnkd.in/dfniU5Mj https://lnkd.in/dgRD3r8T https://lnkd.in/dkGtNwQU info@lawchef.com

Honourable Supreme Court of India has held that the sealed cover procedure can be resorted to only after a charge memo is served on the concerned official or the charge-sheet filed before the criminal court and not before. It is held that the promotion etc. cannot be withheld merely because some disciplinary/criminal proceedings are pending against the employee. To deny the said benefit, they must be at the relevant time pending at the stage when charge-memo/charge-sheet has already been issued to the employee. Abhijit Mishra #supremecourt #highcourt #law #legal #lawyer #employee #government #litigation #civil #promotion

Termination of Employment is not ignominy if unsatisfactory work! The termination of a probationer's services is non-ignominy if it is based on unsatisfactory performance during the probation period and the appointment order does not stipulate a maximum period of probation or confirmation by afflux of time. The court examined the termination of the petitioner's services and found that it was not breaching the order as done due to unsatisfactory performance during the probation period. The appointment order provided a probation period of six months without stipulating a maximum period of probation or confirmation by afflux of time. Therefore, the termination was held to be not breaching and no interference was warranted. The court also dismissed the petition seeking to quash the appointment of respondent. Rupinder Kaur versus Union of India & Anr #Termination #EmployerEmployeeDispute #DelhiHighCourt #Probation #UnsatisfactoryWork #TSL #TheSALTLegal #Gurugram #Lawyer #Law

Can an accused in custody of the law enforcement agencies in a particular case seek anticipatory bail in another case? Let's find out! In a recent judgment of the Orissa High Court - India titled 'Sanjay Kumar Sarangi V. State of Odisha' delivered by Justice Shashikanta Mishra; it was noted that the investigating agency, if it feels necessary for the purpose of interrogation, can seek remand of the accused whilst he is in custody in connection with the previous case and if such order granting remand is passed, it would no longer be open to the accused to seek anticipatory bail, but he can seek regular bail. Keeping in mind the concept of liberty under Article 21 of the Constitution along with the various landmark rulings of the Hon'ble Supreme Court such as Gurbaksh Singh Siberia V. State of Punjab and Sushila Aggarwal V. NCT of Delhi; the court also held that The Court explained that a person who is in custody in connection with a case and a new case is registered against him for commission of some other offence, the police can either seek an order of remand from the Court, if the presence of the accused is required for investigation or arrest the accused, as and when he is released from custody in connection with the previous case and it is only in the second scenario that an order of anticipatory bail under Section 438 can become effective because only then can he be ‘arrested’. Lastly, the judgment has also been appropriately concluded with the remark that the grant of anticipatory bail does not and cannot grant the accused a license to avoid the investigation or clothe him with any immunity therefrom! So, what are your views on this judgment? Do you think that these rights would hinder the investigative process of the law enforcement agencies? Let me know your views in the comments! #legal #law #bail #supremecourt #highcourt #lawyers #criminallaw #litigation

Funding has nothing to do with the criminal prosecution sought under the BOCW Act. 2024 LLR WEB 290 (PUNJAB AND HARYANA HIGH COURT) BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 - Petition filed by petitioner seeking quashing of criminal complaints filed by respondents... subscribe to read more..... #bocwact #constructionworkers #criminalcomplaints #courts #law

#Withholding a portion of salary/emoluments by an employer does not amount to cheating or criminal breach of trust: #Bombay High Court A same act may not amount to cheating and criminal breach of trust at the same time as for cheating, dishonest intention must exist at the inception of the transaction, whereas, for criminal breach of trust, there must exist a relationship between the parties, whereby one party entrusts another with the property as per law, albeit dishonest intention comes later.... #Bombay High Court: #The present petition was filed under Articles 226 and 227 of the Constitution and Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’), assailing the legality, propriety, and correctness of an order passed by the Metropolitan Magistrate, 66th Court Andheri, Mumbai (‘Metropolitan Magistrate’), whereby process was ordered to be issued against the petitioners for the offences punishable under Sections 420 and 409 read with Section 34 of the Penal Code, 1860 (‘IPC’). N.J. Jamadar, J., held that withholding a portion of salary or emoluments by an employer did not amount to cheating or criminal breach of trust and Respondent 2-the complainant could agitate his rights on account of the alleged illegal change in service condition in appropriate proceedings, however, criminal proceedings were not the remedy....

New criminal laws in India, including Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), will replace the existing IPC, CrPC, and Indian Evidence Act starting July 1, 2024. EXCEPTION REGARDING Section 106(2) OF THE BHARATIYA NYAYA SANHITA While notifying the enforcement of new laws starting July 1, 2024, an exception was made regarding Section 106(2) of the Bharatiya Nyaya Sanhita, which imposes up to 10 years of imprisonment for causing death by rash and negligent driving and escaping without reporting it to the police or magistrate. This provision shall not come into force on the appointed date. Existing cases will continue under the old laws until final disposal. SOME KEY OBJECTIVES OF THE NEW LAWS Some key objectives of the new laws, such as Bharatiya Nyaya Sanhita (BNS), in modernizing the Indian criminal justice system include faster case disposal times and the establishment of specific timelines for various criminal procedures The implementation will include phased-in requirements for forensic examination and digital evidence, with specific timelines set for various criminal procedures under the new laws. #crpc #criminallaw #criminaljustice #criminaljusticesystem #criminaljusticereform #law #legal #lawyer #lawyers #parliament #loksabha #indianpenalcode #criminalprocedure #india

📢 Exciting Update for Aspiring Lawyers! 📢 The Bar Council of Delhi has officially resumed the enrolment process following the Supreme Court's recent order in Gaurav Kumar vs. Union of India. #Law #LegalUpdates #BarCouncilOfDelhi #SupremeCourt #Enrolment #LegalProfession #FutureAdvocates #Lawyers #LLB #LegalCareer

Industrial Tribunal is to decide the validity of enquiry and not as to how it should be held. Birla Building Ltd. vs. State of West Bengal and Ors., 2022 LLR 1127 (Cal. HC)  #industrialtribunal #enqyuiry #labourlaws #industriallaws #hrmanagement #hrcommunity #labourlawupdates #law #legal #advocates #lawyers

Status of a ‘protected workman’ can be denied when he is facing enquiry or a criminal trial. Wonderla Karmika Sangha, Bangaluru vs. Assistant Labour Commissioner, Bangaluru and Another, 2019 LLR 767 (Karn. HC)  #protectedworkman #criminaltrial #enquiry #industriallaws #labourcommissioner #courts #law #legal #labourlawupdates #legalupdates