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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. Constitution of India, 1950 — Article 142 — Dissolution of marriage — Irretrievable breakdown — Supreme Court can dissolve marriage in exercise of extraordinary powers under Article 142 when marriage has irretrievably broken down, even if one party opposes it, to do complete justice. Factors to consider include period of cohabitation, separation, nature of allegations, attempts at reconciliation, and economic/social status. (Paras 4, 10, 11, 11.1, 11.2, 13, 15, 20, 26) Government Service — Recruitment — Challenge to Selection Process — A candidate who participates in a selection process without protest cannot challenge the rules or method of selection after being declared unsuccessful.
Service Matters

Two reserved category candidates having more marks than the general category candidates appointed, were entitled to the appointment in the general category and the seats reserved for OBC category were required to be filled in from and amongst the remaining candidates belonging to the OBC category

SUPREME COURT OF INDIA DIVISION BENCH BHARAT SANCHAR NIGAM LIMITED AND ANOTHER — Appellant Vs. SANDEEP CHOUDHARY AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Arbitration and Conciliation Act, 1996 – Sections 7, 8 and 16 – Group of companies doctrine – An arbitration agreement which has been entered into by a company within a group of companies, can bind its non-signatory affiliates or sister concerns if the circumstances demonstrate a mutual intention of the parties to bind both the signatory and affiliated, non-signatory parties.

SUPREME COURT OF INDIA FULL BENCH OIL AND NATURAL GAS CORPORATION LIMITED — Appellant Vs. M/S DISCOVERY ENTERPRISES PRTIVATE LIMITED AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y.…

Service Matters

LIC recruitment – Regularization – All persons who are found to be eligible on the above norm shall be entitled to compensation computed at the rate of Rs 50,000 for every year of service or part thereof – Payment of compensation at the above rate shall be in lieu of reinstatement, and in full and final settlement of all claims and demands of the workers in lieu of regularisation or absorption.

SUPREME COURT OF INDIA FULL BENCH RANBIR SINGH — Appellant Vs. SK ROY, CHAIRMAN, LIFE INSURANCE CORP. OF INDIA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud,…

Insolvency and Bankruptcy Code, 2016 – Sections 7 and 12A – Real estate project – the Promoter has filed a specific undertaking specifying therein that the cost of the flat would not be escalated and that he would honour the BBA signed by the previous management – Promoter is permitted to complete the project as per the deliberations.

SUPREME COURT OF INDIA DIVISION BENCH ANAND MURTI — Appellant Vs. SONI INFRATECH PRIVATE LIMITED AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. )…

Gujarat Stamp Act, 1958 – Section 9(a), Articles 20(a) and 45(f) – Once a single instrument has been charged under a correct charging provision of the Statute, namely Article 20(a), the Revenue cannot split the instrument into two, because of the reduction in the stamp duty facilitated by a notification of the Government issued under Section 9(a)

SUPREME COURT OF INDIA DIVISION BENCH ASSET RECONSTRUCTION CO. (INDIA) LIMITED — Appellant Vs. CHIEF CONTROLLING REVENUE AUTHORITY — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. )…

Constitution of India, 1950 – Article 300-A – Construction/widening of road no doubt would be a public purpose but there being no justification for not paying compensation the action of the respondents would be arbitrary, unreasonable and clearly violative of Article 300-A of the Constitution.

SUPREME COURT OF INDIA DIVISION BENCH KALYANI (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. THE SULTHAN BATHERY MUNICIPALITY AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Vikram…

Constitution of India, 1950 – Articles 14, 15(1), 341 and 342 – Promotion – SC/ST Category -An obligation on the part of Parliament, to provide clarity about the kind of protection, regarding the status of such individuals forced to chose one among the newly reorganized states, and ensure that they are not worse off as a result of reorganization –

SUPREME COURT OF INDIA FULL BENCH AKHILESH PRASAD — Appellant Vs. JHARKHAND PUBLIC SERVICE COMMISSION AND OTHERS — Respondent ( Before : Uday Umesh Lalit, Pamidighantam Sri Narasimha and S.…

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