Two pre-conditions must be fulfilled in order to claim regularization of employment – (1) initial appointment must be done by the competent authority and; (2) there must be a sanctioned post on which the daily rated employee must be working – Conditions missing appeal dismissed
SUPREME COURT OF INDIA DIVISION BENCH VIBHUTI SHANKAR PANDEY — Appellant Vs. THE STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Sudhanshu Dhulia,…
The definition of Sikkimese and the reference to Sikkim Subjects Regulations, 1961 and Sikkim subject Rules, 1961 though repealed, are relevant for the purpose of the Explanation to Clause 26 (AAA) of Section 10 of the Income Tax Act, 1961 only.
SUPREME COURT OF INDIA DIVISION BENCH ASSOCIATION OF OLD SETTLERS OF SIKKIM PRESIDENT SHRI RAM CHANDRA MUNDRA S/O LATE MURLIDHAR MUNDRA AND OTHERS — Appellant Vs. UNION OF INDIA MINISTRY…
PMLA, 2022 – Money-laundering – Territorial jurisdiction – Issue of territorial jurisdiction cannot be decided in a writ petition, especially when there is a serious factual dispute about the place/places of commission of the offence.
SUPREME COURT OF INDIA DIVISION BENCH RANA AYYUB — Appellant Vs. DIRECTORATE OF ENFORCEMENT THROUGH ITS ASSISTANT DIRECTOR — Respondent ( Before : V. Ramasubramanian and J.B. Pardiwala, JJ. )…
Consumer Protection Act, 1986 – Determination of compensation – Model receives bad haircut and poor hair treatment at a 5-star Hotel Order of NCDRC awarding Rs.2 crores would be extremely excessive and disproportionate – Matter remitted for fresh evidence.
SUPREME COURT OF INDIA DIVISION BENCH ITC LIMITED — Appellant Vs. AASHNA ROY — Respondent ( Before : Aniruddha Bose and Vikram Nath, JJ. ) Civil Appeal No. 6391 of…
Motor Vehicles Act 1988 – Section 93 – Aggregation Licence – In terms of the first proviso to Section 93(1), the State Government, while issuing a licence to an aggregator, “may follow” the guidelines issued by the Central Government – Section 96 confers a rule making power on the State Government for implementing the provisions of Chapter V.
SUPREME COURT OF INDIA FULL BENCH ROPPEN TRANSPORTATION SERVICES PRIVATE LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., Pamidighantam…
Citizenship Act 1955 – Section 7B – Rights of Overseas Citizens of India (OCI) – Entrance tests to medical courses – Impugned notification dated 04.03.2021 to be valid with specific prospective effect in view of the power available to respondent No.1 under Section 7B(1) of Act, 1955, keeping in perspective the wide ramification it may have in future also on the Indian diaspora and since it is claimed to be based on the policy decision of the Sovereign State.
SUPREME COURT OF INDIA DIVISION BENCH ANUSHKA RENGUNTHWAR AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : A.S. Bopanna and C.T. Ravikumar, JJ. )…
VRS employees cannot claim parity with others who retired upon achieving the age of superannuation
SUPREME COURT OF INDIA DIVISION BENCH MAHARASHTRA STATE FINANCIAL CORPORATION EX-EMPLOYEES ASSOCIATION AND OTHERS — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Aniruddha Bose and…
Recovery of possession – A case where the owner of the land filed suit for recovery of possession of his land from the encroacher and once he establishes his title, merely because some structures are erected by the opposite party
SUPREME COURT OF INDIA DIVISION BENCH BAINI PRASAD (D) THR. LRS. — Appellant Vs. DURGA DEVI — Respondent ( Before : B.R. Gavai and C.T. Ravikumar, JJ. ) Civil Appeal…
Code of Civil Procedure, 1908 – Order 9 Rule 13 – Provincial Small Cause Courts Act, 1887 – Section 17 – Prayer to set aside ex parte decree could not have been denied for want of further deposit in terms of the decree in question – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH SHYAM KUMAR GUPTA AND OTHERS — Appellant Vs. SHUBHAM JAIN — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ. ) Civil…
HELD Permitting a candidate to contest from more than one seat in a Parliamentary election or at an election to the State Legislative Assembly is a matter of legislative policy – It is a matter pertaining to legislative policy since, ultimately, Parliament determines whether political democracy in the country is furthered by granting a choice
SUPREME COURT OF INDIA FULL BENCH ASHWINI KUMAR UPADHYAY — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., Pamidighantam Sri Narasimha…