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SangsLegal News The shutdown of a company owing to financial challenges cannot be considered an "unavoidable circumstances to refuse compensation for retrenchment: Jammu and Kashmir and Ladakh High Court |
The recent decision of the Jammu and Kashmir and Ladakh High Court highlighted that the shutdown of a company owing to financial challenges cannot be considered an "unavoidable circumstances" as per Section 25-FFF of the Industrial Disputes Act. This ruling further emphasizes the rightful entitlement of employees to receive compensation for retrenchment. |
SangsLegal News Punjab & Haryana High Court Has Struck Down Haryana Domicile Quota |
The Haryana State Employment of Local Candidates Act, 2020, which mandated a 75% reservation for Haryana residents in private sector jobs with a monthly salary below Rs 30,000, has been deemed unconstitutional and struck down by the Punjab & Haryana High Court. The court ruled that this legislation infringes upon the provisions laid out in Part-III of the constitution. |
SangsLegal News Contradictions in witness statements should not undermine the reliability of witnesses : Supreme Court. |
The significance of differentiating between discrepancies in testimonies and the overall reliability of witnesses was recently underscored by the Supreme Court. The Court reiterated that contradictions in two statements made by a witness should not automatically undermine their credibility. To effectively apply Sections 145 and 155 of the Evidence Act, careful consideration of the comprehensive circumstances of the case is imperative. |
SangsLegal News Insurer Cannot Seek Compensation for Motor Accident Claims if Vehicle Owner Neglected Driver's License Verification: Supreme Court |
The Supreme court recently held that insurance companies cannot evade responsibility for compensation in motor vehicle accident claims based on the vehicle owner's failure to authenticate the driver's license of their employed driver. The Court emphasized that the onus lies on the insurance company to demonstrate any negligence on the part of the vehicle owner in conducting proper due diligence regarding the employed driver's license.
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SangsLegal News Disclosure Requirements in Criminal Trials Cannot Cross Over Right To Privacy-Supreme Court acquits Woman Accused of Killing Newborn |
The Supreme Court recently addressed a major question of law that in criminal trials, is it necessary for an accused woman to reveal details about her personal life? The decision was made during the resolution of a criminal appeal. The Court was considering an appeal brought by a woman who had been found guilty of murder and given a life sentence after being accused of killing her own new born child. As per Section 313 of the Code of Criminal Procedure, the Court held that "the obligation to reveal information necessary for the resolution of a criminal case cannot unjustly and unreasonable infringe upon an individual's fundamental right to privacy."
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