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Code of criminal procedure

SMT. N. USHA RANI AND ANR. versus MOODUDULA SRINIVAS

Where the respondent knowingly married the appellant (twice) despite being aware of her first marriage, and evidence (including an MoU of separation and the fact that appellant did not derive maintenance from her first husband) showed the appellant was de facto separated from her first husband, the social welfare objective of Section 125 CrPC requires an expansive interpretation to grant maintenance; accordingly the Family Court's maintenance award to the appellant was restored.

Source excerpt

  • Maintenance
  • Second marriage
  • Void marriage
  • De facto separation
  • Memorandum of understanding
  • Interpretation of statutes
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Social welfare

UNION OF INDIA versus KRISHNA MODI & ANR.

The High Court erred in allowing pension because the respondent did not satisfy the mandatory conditions of the SSS Pension Scheme, 1980: there was no evidence he was a proclaimed offender or subject to an arrest award or detention order, the evidence of underground activity was insufficient (school absence and certificates by persons in custody were inadequate), the application was not promptly filed and lacked the mandatory State Government recommendation and NARC; accordingly the High Court judgments were set aside.

Source excerpt

  • Freedom fighters pension
  • Swatantrata sainik samman pension scheme, 1980
  • Eligibility
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Constitutional law

DIPIKA JAGATRAM SAHANI versus UNION OF INDIA AND ORS.

The Court held that the Centre and the States are constitutionally and statutorily obliged to implement Sections 4, 5 and 6 of the National Food Security Act, 2013 and to meet the nutritional standards in Schedule II; in view of the MWCD guidance of 11.11.2020 all Anganwadi Centres situated outside containment zones must be reopened by States/UTs unless the State Disaster Management Authority directs otherwise, centres in containment zones remain closed until containment continues, and States/UTs must ensure compliance with Schedule II and institute monitoring and district-level complaint red…

Source excerpt

  • Anganwadi centres
  • National food security act, 2013
  • Integrated child development services
  • Right to food
  • Covid-19 pandemic
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Constitutional law

SWARAJ ABHIYAN - (II) versus UNION OF INDIA & ORS.

The Court held that while it cannot mandate States to provide food items beyond statutory entitlements under the NFS Act, it can direct faithful implementation of the Act's provisions. States are obligated to make operational grievance redress machinery, provide food grains to all households in drought-affected areas, and ensure nutritional support for children under the Mid-Day Meal Scheme. Financial constraints cannot excuse these constitutional and statutory obligations.

Source excerpt

  • Right to food
  • Implementation of national food security act
  • Drought relief
  • Mid-day meal scheme
  • Directive principles
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Labour law

MCLEOD RUSSEL INDIA LIMITED versus REG. PROVIDENT FUND COMMISSIONER, JALPAIGURI

Liability for statutory damages and interest under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 attaches to the establishment and can be recovered jointly and severally from both transferor and transferee employers; punitive damages under s. 14B can be imposed through civil proceedings; agreements between transferor and transferee regarding liability are irrelevant as to statutory recovery; the Act's beneficent purpose precludes interpretations that facilitate evasion of statutory obligations.

Source excerpt

  • Employees' provident fund
  • Transfer of establishment liability
  • Imposition and recovery of damages
  • Interest on provident fund contributions
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Constitutional law

BUDHADEV KARMASKAR versus STATE OF WEST BENGAL

The Supreme Court directs the Central and State Governments to provide funding, logistical support, and effective schemes for the rehabilitation of sex workers, emphasizing their right to a life of dignity under Article 21, and establishing that mere shelter is insufficient; effective technical skill development and mainstream integration are required.

Source excerpt

  • Rehabilitation of sex workers
  • Right to life and dignity
  • State responsibility
  • Legal aid
  • Human trafficking
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Social welfare

BUDHADEV KARMASKAR versus STATE OF WEST BENGAL

Sex workers, being human beings, are entitled to live with dignity as per Article 21 of the Constitution. Their problems should be addressed through rehabilitation, technical/vocational training, and non-coercive schemes by Central and State Governments, monitored by a court-appointed panel.

Source excerpt

  • Rehabilitation of sex workers
  • Article 21 - right to life and dignity
  • Technical/vocational training schemes
  • Voluntary rehabilitation
  • Sex workers' human rights
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Constitutional law

C. VENKAT REDDY AND ORS. versus UNION OF INDIA AND ORS.

Payment of pension is to be continued to the 22 persons found to be prima facie genuine; further action can be taken as warranted by future material in accordance with law; robust verification process is essential to preserve the integrity of the Scheme for genuine freedom fighters.

Source excerpt

  • Freedom fighters' pension
  • Swatantra sainik samman pension scheme
  • Article 32
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Constitutional law

PEOPLE'S UNION FOR CIVIL LIBERTIES versus UNION OF INDIA AND ORS

NMBS must continue alongside JSY, ensuring all BPL pregnant women get Rs.500/- per birth irrespective of age or number of children, with proper advertisement and utilization of earmarked funds. State and Union Territories must report regularly and ensure no diversion of funds.

Source excerpt

  • Maternity benefit
  • National maternity benefit scheme
  • Janani suraksha yojana
  • Below poverty line pregnant women
  • Disbursement of welfare funds
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Labour and employment law

HYDERABAD INDUSTRIES LTD. versus ESI CORPORATION

Matter must be remitted to the High Court for analysis of the factual position and applicability of the Employees State Insurance Act provisions to the concerned categories.

Source excerpt

  • Employees state insurance
  • Definition of employee
  • Principal and immediate employer
  • Contract labour
  • Coverage under esi act
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.