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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.

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.…

Service Matters

HELD there appears no reason for withholding the names of the present appellants and merely because they were appointed at a later point of time, would not deprive them from claiming to become a member of Tamil Nadu Pension Rules, 1978, which is applicable to the employees who were appointed on or before 1st April, 2003.

SUPREME COURT OF INDIA DIVISION BENCH P. RANJITHARAJ — Appellant Vs. THE STATE OF TAMIL NADU AND OTHERS — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ.…

Cheque – Quashing of complaint at a pre-trial stage – the accused may be given an un-merited advantage in the criminal process – –when the cheque and the signature are not disputed by the appellant – the accused will have due opportunity to adduce defence evidence during the trial, to rebut the presumption

SUPREME COURT OF INDIA DIVISION BENCH RATHISH BABU UNNIKRISHNAN — Appellant Vs. THE STATE (GOVT. OF NCT OF DELHI) AND ANOTHER — Respondent ( Before : K.M. Joseph and Hrishikesh…

(CrPC) – S 482 – Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 – S 2 and 3 – Quashing of proceedings – Appellant-accused contended that solely on the basis of a single FIR/charge sheet and that too with respect to a single murder, the appellant cannot be said to be a ‘Gangster’ and/or a member of the ‘Gang’ – HELD Even a single crime committed by a ‘Gang’ is sufficient to implant Gangsters Act on such members of the ‘Gang

SUPREME COURT OF INDIA DIVISION BENCH SHRADDHA GUPTA — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Specific performance of agreement – Agreement to sell – Three Courts below have recorded the concurrent findings of facts in favour of the respondent-plaintiff with regard to the respondent having proved his readiness and willingness to perform his part of contract, – Appeal dismissed

SUPREME COURT OF INDIA DIVISION BENCH SATNAM SINGH — Appellant Vs. SATNAM SINGH — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. ) Civil Appeal No. 8037…

Service Matters

Payment of Gratuity Act, 1972 – Sections 1(3)(c), 2(a) and 3(1)(b) – Anganwadi centres – Right of Children to Free and Compulsory Education Act, 2009 – Section 11 – The 1972 Act will apply to Anganwadi centres and in turn to Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHs) – Anganwadi centres are establishments contemplated by clause (b) of sub­section (3) of Section 1 of the 1972 Act

SUPREME COURT OF INDIA DIVISION BENCH MANIBEN MAGANBHAI BHARIYA — Appellant Vs. DISTRICT DEVELOPMENT OFFICER DAHOD AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Foreign Trade (Development and Regulation) Act, 1992 – Section 5 – Date of loading goods onto the vessel, which commenced one day prior to the effective date of the policy, is not as significant as the date on which the foreign buyer failed to pay for the goods exported, which was well within the coverage period of the Policy

SUPREME COURT OF INDIA FULL BENCH HARIS MARINE PRODUCTS — Appellant Vs. EXPORT CREDIT GUARANTEE CORPORATION (ECGC) LIMITED — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat, and…

Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 – Section 2(c) – Deposit – If the financial establishment is obligated to return the deposit without any increments, it shall still fall within the purview of Section 2(c) of the MPID Act, provided that the deposit does not fall within any of the exceptions –

SUPREME COURT OF INDIA FULL BENCH THE STATE OF MAHARASHTRA — Appellant Vs. 63 MOONS TECHNOLOGIES LTD. — Respondent ( Before : Dr Dhananjaya Y Chandrachud, Surya Kant and Bela…

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