Abhay S. Oka - The Legal Chamber

Big Relief for Mothers: Supreme Court Backs Woman’s Right to Benefit After Remarriage

11Jun

By The Legal ChamberNo Comments

Supreme Court

Big Relief for Mothers: Supreme Court Backs Woman’s Right to Benefit After Remarriage

The Supreme Court ruled that K. Umadevi is entitled to maternity leave under FR 101(a), setting aside the High Court Division Bench's decision. The Court emphasized a purposive and liberal interpretation of maternity benefit provisions, aligning with reproductive rights under Article 21 of the Constitution and international conventions, irrespective of prior children not in the mother's custody or born from a previous marriage. Facts Of The Case: K. Umadevi, the appellant, married A. Suresh in 2006, having two children from this wedlock in 2007 and 2011. Their marriage was dissolved in 2017, and the children remained in the custody of her former husband. In December 2012, she joined government service as an English Teacher in Tamil Nadu. On September 12, 2018, the appellant remarried M...

10Jun

By The Legal ChamberNo Comments

Supreme Court

No Arrears for RBI Pension Opt-Ins: Supreme Court Reinforces Policy Decisions on Pension Benefits

The Supreme Court of India upheld the Reserve Bank of India's (RBI) decision to fix a cut-off date (July 1, 2020) for pensionary benefits for employees switching from the Contributory Provident Fund (CPF) scheme, rejecting the claim for retrospective arrears from the date of retirement. The Court emphasized that financial implications and administrative exigencies are valid considerations for policy decisions and that employees cannot selectively accept beneficial terms while rejecting unfavorable ones. Facts Of The Case: M.T. Mani, Respondent No. 1, joined the Reserve Bank of India (RBI) in 1981 and was a member of the Contributory Provident Fund (CPF) Scheme. He retired as a Manager on November 30, 2014, having received four prior opportunities between 1990 and 2000 to switch to the Pe...

Age Dispute in Crime : Supreme Court Upholds Juvenile Status in Murder Case

4Jun

By The Legal ChamberNo Comments

Supreme Court

Age Dispute in Crime : Supreme Court Upholds Juvenile Status in Murder Case

The Supreme Court upheld the determination of an accused as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2015, emphasizing that school records and birth certificates take precedence over medical age tests under Section 94(2). The Court clarified that once juvenility is established, bail considerations for juveniles differ from adults, focusing on rehabilitation rather than offence gravity. It also affirmed that Section 15 (preliminary assessment for heinous offences) does not negate juvenile status but mandates a separate evaluation for trial as an adult. The ruling reinforced the statutory hierarchy of age-proof documents and restricted JJBs from reviewing earlier age determinations. Facts Of The Case: The case involves Rajni (appellant), the mother of a ...

Supreme Court Upholds Life Sentence in Acid Attack Case but Reduces Term for Elderly Accused

29May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Life Sentence in Acid Attack Case but Reduces Term for Elderly Accused

The Supreme Court upheld the conviction of two appellants under Section 326A IPC for an acid attack, affirming the High Court’s ruling. While maintaining life imprisonment for the advocate (Accused No.2), it reduced the sentence of the elderly co-accused (Accused No.1) to 10 years, considering his age and health. The Court reiterated that concurrent findings of fact require no interference unless perverse or legally flawed, emphasizing strict scrutiny in acid attack cases. Procedural lapses in investigation were deemed non-fatal, and medical evidence conclusively established the victim’s injuries. The judgment underscores parity in sentencing while balancing aggravating and mitigating factors. Facts Of The Case: On June 8, 2014, at approximately 8:00 PM near Govind Nagar railway crossing...