Difference Between Ex ante & Ex post
Ex ante means an assessment made before the occurrence of an event, based on anticipation of conduct or harm, whereas ex post scrutinizes the legality and liability after the relevant…
What is considered while granting bail to the NDPS case involving commercial quantity?
While considering the application for bail made by an accused involved in an offence under the NDPS Act a liberal approach ignoring the mandate under Section 37 of the NDPS…
Forms of Exploitation faced by the Temporary employees, particularly in Government Sector
Temporary employees, particularly in government institutions, often face multifaceted forms of exploitation. The foundational purpose of temporary contracts is to address short-term or seasonal needs, but nowadays, they have increasingly…
Regularization of service to an employee whose appointment is termed “temporary”
It is a settled principle that equals must be treated equally, and if persons similarly placed are treated differently without a rational basis, it would amount to a violation of…
When offence under Section 3(1)(r) of the SC/ST Act can be said to have been committed?
Sections 3(1)(r) and 3(1)(s) of the SC/ST Act read as under, “3. Punishments for offences atrocities.—3(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,— (a)…
What High Court can see in disciplinary proceedings cases ?
The High Court can only see in disciplinary proceedings are whether: (a) the enquiry is held by a competent authority; (b) the enquiry is held according to the procedure prescribed…
What if there is inaction and/or nonaction by the police in registering the FIR relating to a cognizable offence ?
The statutory framework contemplates that information relating to the commission of a cognizable offence is first placed before the officer-in-charge of the police station and an FIR is registered under…
When an alternate remedy is present, will Article 226 of the Constitution be available ?
If a petitioner has disabled himself from availing himself of the statutory remedy by his own fault in not doing so within the prescribed time, he/she cannot certainly be permitted…
What if punishment imposed by the disciplinary authority appears to be shockingly disproportionate to the nature of misconduct?
Even in cases where the punishment imposed by the disciplinary authority is found to be shocking to the conscience of the court, normally the disciplinary authority or the appellate authority…
What is the Last Seen Theory ?
The last seen theory comes into play where the time gap between the point of time when the accused and the deceased were last seen alive and the deceased is…