Saturday, March 7, 2026

*Service Law - Determination of Gratuity - Role of Employer - Legal Principles Explained* - S.7(2) of the Payment of Gratuity Act, 1972 "clearly states that as soon as gratuity becomes payable, the employer is required to determine the amount of gratuity and give notice in writing to the person entitled to receive it. A copy of such notice must also be sent to the Controlling Authority specifying the amount determined. Significantly, the statute provides that this duty exists whether or not an application under Section 7(1) has been made. In other words, the employer cannot remain passive and wait indefinitely for the employee to make an application. The Act expects the employer to determine the gratuity and communicate it without delay". - *Gundu Daji Desai v. Aplab Ltd [2026] GCtR 186 (Bombay)*

*Criminal Law - Offence of Rape - S.376 OF IPC, 1860 - Conditions* - "A mere break-up of a relationship between a consenting couple cannot result in the initiation of criminal proceedings. What was a consensual relationship between the parties at the initial stages cannot be given a colour of criminality when the said relationship does not fructify into a marriage." - "Mere fact that the parties indulged in physical relations pursuant to a promise to marry will not amount to a rape in every case. An offence under Section 375 of the IPC could only be made out, if promise of marriage was made by the accused solely with a view to obtain consent for sexual relations without having any intent of fulfilling said promise from the very beginning and that such false promise of marriage had a direct bearing on the prosecutrix giving her consent for sexual relations." - *Pramod Kumar Navratna v. State of Chhattisgarh [2026] GCtR 188 (SC)*

*Arbitration and Conciliation Act, 1996 - Scope of S.11 (6A) - "Jurisdiction"* - "The introduction of Section 11(6A) brought a paradigm shift in the scope of jurisdiction of the Section 11 court. Post the amendment, the only enquiry is about the existence of the arbitration clause." - "Not only will the parties be bound before the Arbitrator with regard to the finding on existence and validity of the arbitration agreement they will also be bound during the subsequent stages of the proceedings which will include the Section 34 application stage, the Section 37 appeal stage and before Supreme Court." - *Eminent Colonizers Pvt Ltd v. Rajasthan Housing Board [2026] GCtR 189 (SC)*






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