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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.

Order XXVI Rule 9 of the Code (CPC) gives wide powers to the court to appoint a commissioner to make local investigations which may be requisite or proper for elucidating any matter in dispute, ascertaining the market value of any property, account of mesne profit or damages or annual net profits.

SUPREME COURT OF INDIA DIVISON BENCH M.P. RAJYA TILHAN UTPADAK SAHAKARI SANGH MARYADIT, PACHAMA, DISTRICT SEHORE AND OTHERS — Appellant Vs. M/S. MODI TRANSPORT SERVICE — Respondent ( Before :…

Service Matters

When the Pension Regulations and the GPF Scheme are read together, the necessary conclusion is that an employee must give his option for either continuing to be a member of the CPF Scheme or to switch over to the Pension and GPF Scheme. HELD that an employee had no inherent right to demand extension for exercising the switchover option.

SUPREME COURT OF INDIA DIVISON BENCH UNIVERSITY OF DELHI — Appellant Vs. SMT. SHASHI KIRAN AND OTHERS ETC. — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ.…

Service Matters

Uttar Pradesh State Universities Act, 1973 – Section 31 – Termination – Selection of the appellant was done after following the selection procedure as prescribed by the 1973 Act – Appellant had served for a period of 12 years before the order directing his termination was passed by Chancellor – Termination of appellant is not sustainable in law.

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

Minimum Wages – when the earlier notification was issued after following the due procedure as required under Sections 4 and 5 of the Act, 1948, the same procedure ought to have been followed even while varying and/or modifying the notification – Hence, the notification could not have been modified by such an Errata Notification

SUPREME COURT OF INDIA DIVISON BENCH GOMANTAK MAZDOOR SANGH — Appellant Vs. STATE OF GOA AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Reserve Bank of India Act, 1934 – Chapter III B – Kerala Money Lenders Act, 1958 and the Gujarat Money Lenders Act, 2011 will have no application to Non­Banking Financial Companies (NBFCs) registered under the Reserve Bank of India Act, 1934 and regulated by Reserve Bank of India.

SUPREME COURT OF INDIA DIVISON BENCH NEDUMPILLI FINANCE COMPANY LIMITED — Appellant Vs. STATE OF KERALA AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. )…

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