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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.

IBC – when admission is opposed on the ground of existence of an award or a decree in favour of the Corporate Debtor, and the Awarded/decretal amount exceeds the amount of the debt, the Adjudicating Authority would have to exercise its discretion under Section 7(5)(a) of the IBC to keep the admission of the application of the Financial Creditor in abeyance

SUPREME COURT OF INDIA DIVISON BENCH VIDARBHA INDUSTRIES POWER LIMITED — Appellant Vs. AXIS BANK LIMITED — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Civil Appeal…

Uttar Pradesh Consolidation of Holdings Act, 1953 – Section 9A(2) – Partition – Preliminary decree for partition granted in the suit of the year 1929 was never given effect to – There was no evidence to show who among the two namely, ‘S’ and ‘R’ died first, the Deputy Director of Consolidation righty found it equitable to distribute ‘S’ 1/3rd share equally between the branches of ‘R’ and ‘J’.

SUPREME COURT OF INDIA DIVISON BENCH SARJU MISHRA (D) THR. LRS. AND OTHERS — Appellant Vs. JANGI (D) THR. LRS. AND OTHERS — Respondent ( Before : Hemant Gupta and…

Insurance Claim – Deficiency in service – Delay in processing the claim and delay in repudiation could be one of the several factors for holding an insurer guilty of deficiency in service – But it cannot be the only factor – There was no categorical evidence of any deficiency in service on the part of the Insurance Company.

SUPREME COURT OF INDIA DIVISON BENCH M/S THE NEW INDIA ASSURANCE CO. LTD. AND ANOTHER — Appellant Vs. SHASHIKALA J. AYACHI — Respondent ( Before : Hemant Gupta and V.…

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