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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.

Electricity Act, 2003 – Sections 2, 2(8), 9 and 24(2) – A combined reading of Section 9 and Clause (8) of Section 2 of the said Act would reveal that a person is entitled to construct, maintain or operate a captive generating plant – Such a plant should be primarily for his own use

SUPREME COURT OF INDIA DIVISON BENCH CHHATTISGARH STATE POWER DISTRIBUTION COMPANY LIMITED — Appellant Vs. CHHATTISGARH STATE ELECTRICITY REGULATORY COMMISSION AND ANOTHER — Respondent ( Before : L. Nageswara Rao…

If an aggrieved person is not in a domestic relationship with the respondent – but has at any point of time lived so or had the right to live and has been subjected to domestic violence or is later subjected to domestic violence on account of the domestic relationship, is entitled to file an application under Section 12 of the D.V. Act.

SUPREME COURT OF INDIA DIVISON BENCH PRABHA TYAGI — Appellant Vs. KAMLESH DEVI — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No. 511 of…

Depositories Act, 1996 – As per the 1996 Regulations, the pledgor/pawnor is not entitled to sell the pledged/pawned securities – the pawnor under the Contract Act and the common law has the right to redeem the pledged goods till ‘actual sale’ – Sale by the pawnee to self does not defeat the right of redemption of the pawnor – It may amount to conversion in law

SUPREME COURT OF INDIA DIVISON BENCH PTC INDIA FINANCIAL SERVICES LIMITED — Appellant Vs. VENKATESWARLU KARI AND ANOTHER — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. )…

Service Matters

HELD according to the said University, though the employment was contractual but the employee was entitled to get all the benefits of a regular employee – Appellant’s services could not have been terminated without following the principles of natural justice – Appellant is directed to be reinstated with continuity in service

SUPREME COURT OF INDIA DIVISON BENCH K. RAGUPATHI — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

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