Daily Legal News Updates: 20th MAY,2024

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1. Bail – Grant of – In absence of any summons or warrant, an application under Section 437 CrPC would not be maintainable.

Criminal Appeal No. 963 of 2024 (Arising out of SLP (Criminal) No. 14476 of 2023). Date of Decision: 16.02.2024.

Souvik Bhattacharya – Appellant Versus Enforcement Directorate, Kolkata Zonal Office-II – Respondent

2. To punish a person for casteist insults under the SC/ST Act, the comments must be made within public view: Supreme Court.

Priti Agarwalla and Others v. The State of GNCT of Delhi and Others, Criminal Appeal No. 348 of 2021.

3. Bail can be cancelled by the same court which granted it if there are serious allegations, even if the accused hasn’t misused bail: Supreme Court.

Ajwar versus Waseem and Another

4. Sentencing shall not be a lottery’: The Supreme Court recommends Union to frame a sentencing policy to reduce judge-centric disparities.

Sunita Devi versus The State of Bihar & Anr

5. Contracting a second marriage while the first marriage is subsisting – Friends and relatives to be prosecuted under Section 494 read with Section 34 IPC for abetment, or Section 494 read with Section 109 IPC when there is direct evidence that the relatives had knowledge of the prior marriage.

Criminal Appeal No(s). 2585 of 2024 (Arising out of SLP (Criminal) No(s). 8529 of 2019) with Criminal Appeal No(s). of 2024 (Arising out of SLP (Criminal) No(s). 11679 of 2019), Criminal Appeal No(s). of 2024 (Arising out of SLP (Criminal) No(s). 11681 of 2019). Date of Decision: 15.05.2024.

S. Nitheen & Ors. – Appellants Versus State of Kerala & Anr. – Respondents

6. Applicability of the Limitation Act to arbitration proceedings in general, and of Article 137 of the Limitation Act to a petition under Section 11(6) of the Act, 1996 in particular – The limitation period for making an application under Section 11(6) is three years from the date when the right to apply accrues.

Arbitration Petition No. 29 of 2023. Date of Decision: 01.03.2024.

M/s Arif Azim Co. Ltd. – Petitioner Versus M/s Aptech Ltd. – Respondent

7. Interruption in service due to an accident would not amount to a break in service for the purposes of Section 2A of the Gratuity Act. (Calcutta High Court)

WPA 8705 of 2024. Date of Decision: 08.04.2024.

M/s. Dalhousie Jute Company – Petitioner Versus The State of West Bengal & Ors. – Respondents

8. No change can be made to essential qualifications after the recruitment process starts. (Calcutta High Court)

WPA 20897 of 2013. Date of Decision: 24.04.2024.

Animesh Singha Mahapatra & Ors. – Petitioners Versus State of West Bengal & Ors. – Respondents

9. The employer is under obligation to ensure no prejudice is caused to the employee in disciplinary proceedings.(Calcutta High Court (Division Bench))