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Expression ‘date of this Notification’ means date of publication in Official Gazette – Foreign Trade (Development and Regulation) Act, 1992 — Section 3 — Notification — Publication in Official Gazette — Essential requirement for enforceability — Delegated legislation requires publication for accessibility, notice, accountability and solemnity — Not an empty formality but transforms executive decision into law — Strict compliance with publication requirement is a condition precedent — Law must be promulgated or published in a recognisable way. (Paras 16, 17, 18, 19) Insolvency and Bankruptcy Code, 2016 — Section 60(5)(c) — Jurisdiction of Adjudicating Authority — Declaration of title to trademark — NCLT exceeded its jurisdiction by declaring title to trademark “Gloster” in favour of the Successful Resolution Applicant (SRA) while adjudicating an application under Section 60(5) of the IBC, as the issue of trademark title was a highly contentious dispute beyond the scope of insolvency proceedings and not directly related to the CIRP. Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 — Building and Other Construction Workers’ Welfare Cess Act, 1996 — Applicability — Cess could not be levied or collected before the constitution of Welfare Boards, as their constitution is a condition precedent for the implementation of these Acts. Haryana Development and Regulation of Urban Areas Act, 1975 — Section 3(3A) — Amendment Act, 2020 — Retrospective validation of actions — Power to grant license includes power to modify, suspend, revoke, or delicense — Delicensing of land for commercial purposes after it was initially licensed for residential use is permissible. Factories Act, 1948 — Section 59(2) — Overtime wages calculation — “Ordinary rate of wages” — Includes basic wages plus all allowances worker is entitled to, excluding only bonus and overtime wages — Compensatory allowances like House Rent Allowance (HRA), Transport Allowance (TA), Clothing and Washing Allowance (CWA), and Small Family Allowance (SFA) are includible.

Corrigendum to Environment Clearance on additional conditions -An aggrieved person may always challenge the corrigendum to the EC, however, the appeal will be restricted to the corrigendum to the EC on additional conditions only, if the original EC is not under challenge and/or the original EC has been confirmed by the NGT earlier on certain conditions which have not been challenged

SUPREME COURT OF INDIA DIVISION BENCH M/S IL&FS TAMIL NADU POWER COMPANY LIMITED — Appellant Vs. T. MURUGANANDAM AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

(IPC) – Ss 302 & 149 – (CrPC) – S 164 – Murder – Investigating Officer to have got the statement under section 164 CrPC recorded – If he did not think it necessary in his wisdom, it cannot have any bearing on the testimony of witness and the other material evidence led during trial – Conviction and sentence upheld

SUPREME COURT OF INDIA DIVISION BENCH AJAI ALIAS AJJU ETC. ETC. — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai and Vikram Nath, JJ.…

Service Matters

Provision of review is not to scrutinize the correctness of the decision rendered rather to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed HELD new stand for the payment of salary to teachers’ subject-wise, unsustainable in law and is accordingly set aside

SUPREME COURT OF INDIA DIVISION BENCH PANCHAM LAL PANDEY — Appellant Vs. NEERAJ KUMAR MISHRA AND OTHERS — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Civil…

Delimitation of Assembly and Parliamentary Constituencies – Article 170 will have no application as it forms a part of Chapter III of Part VI which deals with only the State Legislature – It has no application to the Legislatures of Union Territories HELD argument that certain provisions of the J&K Reorganisation Act and actions taken thereunder are in conflict with Article 170 and in particular Clause (3) thereof is clearly misconceived and deserves to be rejected.

SUPREME COURT OF INDIA DIVISION BENCH HAJI ABDUL GANI KHAN AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Abhay…

Constitution of India, 1950 – Article 14 and 300A – Development Control Rules – Rule 19 – Building bye Laws – Articles 14 and 300A of the Constitution are not violated by the requirement to reserve 10% of land for open space – It does not amount to compulsory acquisition – Areas covered by the Open Space Regulation area (OSR) cannot be diverted for any other purpose

SUPREME COURT OF INDIA DIVISION BENCH ASSOCIATION OF VASANTH APARTMENTS’ OWNERS — Appellant Vs. V. GOPINATH AND OTHERS — Respondent ( Before : K.M. Joseph and Pamidighantam Sri Narasimha, JJ.…

HELD whether the protection can be given by Article 26(b) to the practice of ex-communication is to be tested on the touchstone of the concept of Constitutional morality as the said right is subject to morality. This is an important and emergent issue. These are the two main grounds on which the said decision may need reconsideration by a larger Bench. Writ petition tagged to 9 judge bench.

SUPREME COURT OF INDIA FULL BENCH CENTRAL BOARD OF DAWOODI BOHRA COMMUNITY AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Sanjay Kishan…

While exercising power of judicial review cannot issue a writ of certiorari quashing the recommendation, or mandamus calling upon the Collegium of the Supreme Court to reconsider its decision – To do so would violate the law as declared, as it would amount to evaluating and substituting the decision of the Collegium, with individual or personal opinion on the suitability and merits of the person

SUPREME COURT OF INDIA DIVISION BENCH ANNA MATHEWS AND OTHERS — Appellant Vs. SUPREME COURT OF INDIA AND OTHERS — Respondent ( Before : Sanjiv Khanna and B.R. Gavai, JJ.…

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