April 2017 - Page 19 of 53 - Supreme Court of India Judgements

Purpose of seniority – Whether the seniority of the respondent in the cadre of Assistant Surgeons should be counted 19-7-1974 or he is entitled to count his service as Junior Assistant Surgeon for the purpose of seniority as Assistant Surgeon

Apr 16, 2017 sclaw

(1998) 9 JT 316 : (1997) 11 SCC 561 : (1998) SCC(L&S) 242 SUPREME COURT OF INDIA STATE OF ORISSA AND ANOTHER — Appellant Vs. DR BHAKTABANDHU MISHRA — Respondent…

Arbitration

Arbitration Act, 1940 – Sections 13 and 23 – Extra item of work – Dispute about payment of extra items of work – Agreement for upper Ganga canal – Dispute relating to excavation of canal section for which rates not specified in schedule

Apr 16, 2017 sclaw

(1997) 2 ARBLR 589 : (1997) 8 JT 522 : (1997) 6 SCALE 462 : (1997) 11 SCC 645 : (1997) 2 UJ 776 SUPREME COURT OF INDIA RAM…

Evidence Act

Evidence Act, 1872 – Section 24 – Extra judicial confession – Retraction – Admission by accused admitting killing the deceased – Subsequent statement before the Court pleading innocence does not amount retraction of confession.

Apr 16, 2017 sclaw

AIR 1998 SC 107 : (1998) CriLJ 89 : (1997) 8 JT 310 : (1997) 6 SCALE 315 : (1997) 8 SCC 158 : (1998) 1 UJ 101 SUPREME…

Constitution

Constitution of India, 1950 — Article 14 —Compassionate appointment — Whether the Division Bench was justified in directing the Appellants to provide employment to the first Respondent herein under the scheme introduced by NALCO for assistance to displaced persons whose lands are acquired for the purpose of setting up NALCO’s establishment

Apr 16, 2017 sclaw

(2014) 140 FLR 537 : (2014) 1 JT 182 : (2013) 15 SCALE 249 SUPREME COURT OF INDIA CHAIRMAN-CUM-MANAGING DIRECTOR AND OTHERS — Appellant Vs. BHARAT CHANDRA BEHERA AND…

I P C

Penal Code, 1860 (IPC) – Section – 302, 307, 149 – Transfer the case

Apr 16, 2017 sclaw

(1997) 8 JT 379 : (1997) 6 SCALE 364 : (1997) 8 SCC 164 : (1997) 4 SCR 401 Supp SUPREME COURT OF INDIA SUKHBIR SINGH AND OTHERS —…

State Laws

Uttar Pradesh Industrial Disputes Act, 1947 – Section – 6N – Order of reinstatement

Apr 16, 2017 sclaw

(2000) 84 FLR 896 : (1999) 10 JT 452 : (2000) 1 LLJ 1076 : (2000) 9 SCC 501 SUPREME COURT OF INDIA STATE OF U.P. AND ANOTHER —…

State Laws

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 – Section – 330, 330(c) – Auction-sale –

Apr 16, 2017 sclaw

(1998) 4 JT 434 : (1997) 8 SCC 167 SUPREME COURT OF INDIA ROSHAN PRASAD AND ANOTHER — Appellant Vs. SHIV PAL AND OTHERS — Respondent ( Before :…

Service

Punjab National Bank Officer Employees (Discipline and Appeal) Regulations, 1977 – Section – 12.1 – Order of suspension –

Apr 16, 2017 sclaw

(2000) 86 FLR 640 : (2000) 2 LLJ 256 : (2000) 10 SCC 162 : (2000) SCC(L&S) 420 SUPREME COURT OF INDIA PUNJAB NATIONAL BANK — Appellant Vs. D.M.…

Matrimonial

Hindu Marriage Act, 1955 – Section 13 – Divorce – Broken-down marriage – Once parties have separated and separation continued for sufficient long time, and one of them has presented petition for divorce, it can be presumed that marriage has broken down. Hindu Marriage Act, 1955 – Section 13 – Divorce – Mental cruelty – Wife cautioning world at large not to deal with her husband constitutes mental cruelty.

Apr 16, 2017 sclaw

AIR 2006 SC 1675 : (2006) 2 CTC 510 : (2006) 1 DMC 489 : (2006) 3 JT 491 : (2006) 3 SCALE 252 : (2006) 4 SCC 558…

I P C

Confiscation of gold – Learned Additional Solicitor General submits that the proceedings for confiscation of gold had been initiated by the authorities and an order has already been made confiscating the said bars.

Apr 16, 2017 sclaw

(1999) 66 ECC 579 : (1999) 85 ECR 839 : (1999) 113 ELT 377 : (2000) 10 SCC 164 SUPREME COURT OF INDIA COMMISSIONER OF CUSTOMS, AIR CARGO, N.D.…

Purpose of seniority – Whether the seniority of the respondent in the cadre of Assistant Surgeons should be counted 19-7-1974 or he is entitled to count his service as Junior Assistant Surgeon for the purpose of seniority as Assistant Surgeon

Arbitration Act, 1940 – Sections 13 and 23 – Extra item of work – Dispute about payment of extra items of work – Agreement for upper Ganga canal – Dispute relating to excavation of canal section for which rates not specified in schedule

Evidence Act, 1872 – Section 24 – Extra judicial confession – Retraction – Admission by accused admitting killing the deceased – Subsequent statement before the Court pleading innocence does not amount retraction of confession.

Penal Code, 1860 (IPC) – Section – 302, 307, 149 – Transfer the case

Uttar Pradesh Industrial Disputes Act, 1947 – Section – 6N – Order of reinstatement

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 – Section – 330, 330(c) – Auction-sale –

Punjab National Bank Officer Employees (Discipline and Appeal) Regulations, 1977 – Section – 12.1 – Order of suspension –

Confiscation of gold – Learned Additional Solicitor General submits that the proceedings for confiscation of gold had been initiated by the authorities and an order has already been made confiscating the said bars.

You missed

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Supreme Court of India Judgements

Month: April 2017

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