Latest Post

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.

Evidence of witness would fall in the category of “wholly unreliable” witness – As such, no conviction could be based solely on his testimony – Medical evidence could only establish that the death was homicidal – Only because motive is established, the conviction cannot be sustained – Appellants acquitted.

SUPREME COURT OF INDIA DIVISON BENCH MAHENDRA SINGH AND OTHERS — Appellant Vs. STATE OF M.P. — Respondent ( Before : B.R. Gavai and Hima Kohli, JJ. ) Criminal Appeal…

Shree Jagannatha Temple – Development works – Construction is being carried out for the purpose of providing basic and essential amenities like toilets for men and women, cloak rooms, electricity rooms etc. – These are the basic facilities which are necessary for the convenience of the devotees at large

SUPREME COURT OF INDIA DIVISON BENCH ARDHENDU KUMAR DAS — Appellant Vs. THE STATE OF ODISHA AND OTHERS — Respondent ( Before : B.R. Gavai and Hima Kohli, JJ. )…

BSF constable fired from rifle in self defence – Right of private self defence would be available to the appellant keeping in mind preponderance of probabilities that leans in favour of the appellant – where he was suddenly confronted by a group of intruders, who had come menacingly close to him, were armed with weapons and ready to launch an assault on him, he was left with no other option but to save his life by firing at them

SUPREME COURT OF INDIA DIVISON BENCH EX. CT. MAHADEV — Appellant Vs. THE DIRECTOR GENERAL, BOARDER SECURITY FORCE AND OTHERS — Respondent ( Before : B.R. Gavai and Hima Kohli,…

You missed