Pensionary Provisions Must Be Given Liberal Construction As A Social Welfare Measure HELD Pension is not a bounty payable at will, but a social welfare measure as a post-retirement entitlement to maintain the dignity of the employee
“The very basis for grant of such pension must be kept in mind, i.e., to facilitate a retired Government employee to live with dignity in his winter of life and,…
Pleas Of Title And Adverse Possession Cannot Be Advanced Simultaneously HELD The possession has to be in public and to the knowledge of the true owner as adverse, and this is necessary as a plea of adverse possession seeks to defeat the rights of the true owner.And From The Same Date HELD
The Supreme Court has observed that plea of title and adverse possession cannot be advanced simultaneously and from the same date. “We fail to appreciate how, on the one hand…
State Governments Entitled To Prescribe Fee For Reserving Certain Numbers To Be Assigned As Registration Numbers For Motor Vehicles
1 “that the assignment of “distinctive marks” i.e. registration numbers to motor vehicles (which includes the power to reserve and allocate them, for a specific fee) is a distinct service…
Foreign Trade (Development and Regulation) Act, 1992 – Sections 3(2) and 9A – Imposition of quantitative restrictions – Central Government has no right and power to impose ‘quantitative restrictions’ except under Section 9A of the FTDR Act – Section 9A of the FTDR Act does not elide or negate the power of the Central Government to impose restrictions on imports under sub-section (2) to Section 3 of the FTDR Act.
SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. AGRICAS LLP AND OTHERS ETC. — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and…
(IPC) – Ss 147, 323, 325 read with 149 – Voluntarily Causing hurt – Reduction in sentence – Sudden incident for plucking the Jamun (fruit) and there was no intention to cause the injuries – Conviction confirmed – Sentence imposed Trial Court and High Court modified and reduced to the period already undergone
SUPREME COURT OF INDIA DIVISION BENCH KARTHICK AND OTHERS — Appellant HASH THE STATE REPRESENTED BY INSPECTOR OF POLICE, KANCHEEPURAM DISTRICT, TAMIL NADU — Respondent ( Before : R.…
Income Tax Act, 1961 – Section 45 – Capital gain – Assessment year 1975-1976 – Capital gains arising out of land acquisition compensation were chargeable to income-tax under Section 45 of the Act of 1961 for the previous year referable to the date of award of compensation i.e., 29.09.1970 and not the date of notification for acquisition.
SUPREME COURT OF INDIA FULL BENCH RAJ PAL SINGH — Appellant Vs. COMMISSIONER OF INCOME-TAX, HARYANA, ROHTAK — Respondent ( Before : A.M.Khanwilkar, Hemant Gupta and Dinesh Maheshwari, JJ.…
Developers sell dreams to home buyers. Implicit in their representations is that the facilities which will be developed will provide convenience of living and a certain lifestyle. Developer who has breached a clear representation, is accountable to the process of law. The flat buyers are entitled to compensation for delayed handing over of possession and for the failure of the developer to fulfil the representations made to flat buyers in regard to the provision of amenities. Order of NCDRC set aside as patently erroneous. Appeal allowed.
Developers sell dreams to home buyers. Implicit in their representations is that the facilities which will be developed by the developer will provide convenience of living and a certain lifestyle…
Criminal Law–Unlawful assembly–Common object–Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was actuated by that common object and that object is one of those set out in Section 141–Where common object of an unlawful assembly is not proved, the accused persons cannot be convicted with the help of Section 149–|Penal Code, 1860, Section
2009(3) LAW HERALD (SC) 1652 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. 472 of…
Consumer Law–Negligence–Meaning of–Negligence is the breach of a duty caused by omission to do something which a reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do–Consumer Protection Act, 1986.
2009(3) LAW HERALD (SC) 1640 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 6168 of…
Bribe–Once there is a presumption under Section 20, Prevention of Corruption Act,1988, it is for the accused to establish that the amount was not received as bribe.
2009(3) LAW HERALD (SC) 1635 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain The Hon’ble Mr. Justice Mukundakam Sharma…