Latest Post

Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — Section 3(b) — Exclusion of employees appointed on academic arrangement basis from regularization — Classification held unconstitutional — Section 3(b) lacks intelligible differentia and rational nexus to the object of the Act — Denial of regularization solely based on nomenclature is impermissible under Article 14 of the Constitution where duties, tenure, and conditions of service are similar to ad hoc or contractual appointees. Adverse Possession — Claiming title by adverse possession against the State/Union Government is not permissible, irrespective of the duration of possession — Such perfection of rights is not recognized against the government. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court quashed proceedings against sister-in-law on ground of general and omnibus allegations, but declined relief to father-in-law and mother-in-law (appellants) — Allegations against appellants were similarly general and omnibus, with no specific role or overt act attributed to them — Delay in lodging FIR, coupled with lack of specific allegations, suggested possibility of FIR being a counter-blast to divorce petition filed by husband — High Court erred in applying different standards to similarly situated accused — Proceedings against appellants quashed. Companies Act, 2013 — Section 66 — Reduction of Share Capital — Procedural Fairness — Minority Shareholders — Valuation of Shares — Non-disclosure of valuation report and fairness report in notice for general meeting — Held, not a “tricky notice” as statutory requirement for valuation report not mandated under Section 66 — Valuation by a related agency — Held, not a conflict of interest where internal auditor is independent and valuation agency follows accepted norms — Discount for Lack of Marketability (DLOM) — Held, applicable to illiquid shares, especially in absence of oppression — Share price fixation — Held reasonable based on market value of subsidiary, past offers, and rights issue. Specific Performance of Agreement to Sell — Trial Court decreed suit for specific performance of sale agreement — High Court set aside Trial Court’s decree — Held, Memorandum of Understanding (MoU) executed on the same day as sale agreement established that sale agreement was sham and nominal, executed as security for loan — Plaintiff’s failure to disclose MoU in plaint indicated withholding of material facts and lack of bonafides — Equitable relief of specific performance denied — Appeal dismissed.

Partnership Act, 1932 – Sections 37 and 48 – Distinction between ‘retirement of a partner’ and ‘dissolution of a partnership firm’ – On retirement of the partner, the reconstituted firm continues and the retiring partner is to be paid his dues in terms of Section 37 of the Partnership Act. In case of dissolution, accounts have to be settled and distributed as per the mode prescribed in Section 48 of the Partnership Act.

SUPREME COURT OF INDIA FULL BENCH GURU NANAK INDUSTRIES, FARIDABAD AND ANOTHER — Appellant Vs. AMAR SINGH (DEAD) THROUGH LRS — Respondent ( Before : N.V. Ramana, Sanjiv Khanna and…

Constitution of India, 1950 – Article 32 – Writ Petition – Conducting “single counselling” for filling up seats in the Post Graduate Medical Courses leading to Degrees and Diplomas and the seats in DNB (Diplomate of National Board) Courses. Admission is now at an advanced stage – HELD This Court do not deem it appropriate to pass any direction for the present year. However, going by the assertions made in the response filed by the Medical Council of India, we may observe that a common counselling or single online counselling in the coming years would definitely take care of any similar grievance.

  SUPREME COURT OF INDIA DIVISION BENCH ALAPATI JYOTSNA AND OTHERS — Appellant Vs. UNION OF INDIA & OTHERS — Respondent ( Before : Uday Umesh Lalit and Dinesh Maheshwari,…

SC Allows ED to Attach Assets Of JP Morgan And Its Directors To The Extent Of Amounts Allegedly Diverted From Amrapali Homebuyers HELD We lift the embargo created vide order dated 2nd December, 2019 not to attach the property of J.P. Morgan and its Directors. We permit the Enforcement Directorate to attach the Bank Accounts of J. P. Morgan as well as any other property belonging to J.P. Morgan and its Directors to the extent required”

SC Allows ED to Attach Assets Of JP Morgan And Its Directors To The Extent Of Amounts Allegedly Diverted From Amrapali Homebuyers [Read Order] LIVELAW NEWS NETWORK 23 May 2020…

Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Arbitral award – Construction of the terms of a contract is primarily for an arbitrator to decide, unless the arbitrator construes a contract in a manner which no fair minded or reasonable person would take i.e. if the view taken by the arbitrator is not even a possible view to take.

  SUPREME COURT OF INDIA FULL BENCH PATEL ENGINEERING LTD. — Appellant Vs. NORTH EASTERN ELECTRIC POWER CORPORATION LTD. (NEEPCO) — Respondent ( Before : R. Banumathi, Indu Malhotra and…

Accident Compensation – Income To Be Assessed Based On Employee’s Entitlement, Without Deduction Of AllowancesHELD “The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons. However, in a claim for compensation arising out of the death of the employee, the income has to be assessed on the basis of the entitlement of the employee. We, therefore, proceed for the purpose of the computation on the basis of the annual income of AED 4,82,395”.

Accident Compensation – Income To Be Assessed Based On Employee’s Entitlement, Without Deduction Of Allowances : SC [Read Judgment] Radhika Roy 19 May 2020 8:46 PM The Supreme Court on…

Karnataka Industrial Areas Development Act, 1966 – Section 28(4) – Karnataka Town and Country Planning Act, 1961 – Sections 4A(1), 15, 15(2) and 15(4) – Permission for development of building or land – Appellants had permitted the Project Proponents to construct housing complex at a location outside the demarcated area for five Townships HELD Project Proponents are also obliged to ensure compliance of ODP/Master Plan and if so complied, the Planning Authority cannot create any impediment – If the State accords approval to the deviation in terms of the FWA itself, the Project Proponents may be competent to carry on such a work – To put it differently, prior approval of the State for deviation from the stipulations and specifications in the FWA is the quintessence. Appeal allowed. d/19.05.2020

  SUPREME COURT OF INDIA DIVISION BENCH BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY AND ANOTHER — Appellant Vs. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED AND OTHERS — Respondent ( Before…

HELD “Suffice it to observe that to constitute civil contempt, it must be established that disobedience of the order is wilful, deliberate and with full knowledge of consequences flowing therefrom” – It is well­-settled principle of law that if two interpretations are possible, and if the action is not contumacious, a contempt proceeding would not be maintainable”.

  SUPREME COURT OF INDIA DIVISION BENCH THE WORKMEN THROUGH THE CONVENER FCI LABOUR FEDERATION — Appellant Vs. RAVUTHAR DAWOOD NASEEM — Respondent ( Before : A.M. Khanwilkar and Dinesh…

You missed