Criminal & Workplace Rights blog
Plain-language explanations of Supreme Court of India judgments tagged Criminal & Workplace Rights on NyaSis.
Criminal Law
Can a Company Withhold Your Dues After You Resign?
Can a clause let your employer fire you without a hearing? CIWTC v Brojo Nath Ganguly (1986): such unconscionable rules are void under Section 23.
14 min read
Criminal Law
Can a Civil Dispute Become a Criminal FIR?
Can a civil dispute become an FIR? State of Haryana v. Ch. Bhajan Lal (1992): the Supreme Court dismissed a contempt plea resting on a press report.
10 min read
Criminal Law
What Are Your Legal Rights When Arrested in India?
Arrested in India? D.K. Basu v. State of West Bengal (1996) mandates arrest memos, family intimation, 48-hour medical checks and lawyer access now.
11 min read
Criminal Law
Medical Complication vs Criminal Negligence?
In Jacob Mathew v. State of Punjab (2005), the Supreme Court held that death alone does not make a doctor a criminal; only gross recklessness applies.
10 min read
Criminal Law
Can a Contract Worker Demand Regularization?
Can daily-wage workers become permanent after 10 years? In Secretary, State of Karnataka v. Umadevi (2006), the Supreme Court said no, with one exception.
11 min read
Criminal Law
Can Police Refuse to Register Your FIR?
FIR refused or delayed? In Lalita Kumari v. Govt. of U.P. (2013), Supreme Court held Section 154 CrPC registration is mandatory for cognizable offences.
11 min read
Criminal Law
Can an Employer Withhold Pension Without Inquiry?
Withholding pension or gratuity before a departmental finding? In State of Jharkhand v. Jitendra Kumar Srivastava, the Supreme Court said no without law.
8 min read
Criminal Law
Can Police Arrest Instantly on a 498A Complaint?
After a 498A complaint, can police arrest at once? Arnesh Kumar v. State of Bihar (2014) bars automatic arrest; police must justify it in writing.
10 min read
Criminal Law
Can an Employer Recover Salary Paid by Mistake?
Worried about a salary clawback? In State of Punjab v. Rafiq Masih (2014), the Supreme Court found no conflict between recovery and no-recovery rulings.
9 min read
Criminal Law
Can You Be Suspended for Years Without Charges?
Can a government employee stay suspended for years with no charge memo? Ajay Kumar Choudhary v. Union of India (2015): not beyond 3 months without one.
12 min read
Criminal Law
Is a Bounced Blank Signed Cheque Still a Crime?
Signed a blank cheque and it bounced? Bir Singh v. Mukesh Kumar (2019): the Court held Section 139 presumes a debt, and the drawer must disprove it.
11 min read
Criminal Law
Must Police Stations Have CCTV With Audio?
Must police stations have CCTV with audio? In Paramvir Singh Saini v. Baljit Singh (2020), the Supreme Court ordered night-vision audio-video cameras.
9 min read
Criminal Law
Does Anticipatory Bail Expire Before Trial Ends?
Does anticipatory bail expire in months? In Sushila Aggarwal v. State (NCT of Delhi), the Supreme Court held it can normally last till the end of trial.
9 min read
Criminal Law
Do WhatsApp Chats Need a Section 65B Certificate?
Can WhatsApp chats, emails or CCTV footage be used in court? In Khotkar v. Gorantyal (2020), the Supreme Court makes a Section 65B certificate mandatory.
9 min read
Criminal Law
Do You Get Bail if Police File Without Arrest?
Never arrested during the investigation? In Satender Kumar Antil v. CBI (2022), the Supreme Court says a chargesheet alone should not send you to jail.
10 min read
Criminal Law
Can Distant Relatives Be Named in a Dowry 498A Case?
Can distant relatives be named in a 498A FIR without any proof? Kahkashan Kausar v. State of Bihar (2022) quashes omnibus allegations against in-laws.
10 min read