Latest Post

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 50 — Compliance with search provisions — Accused must be apprised of legal right to be searched before a Magistrate or Gazetted Officer, not a Police Officer — Offering a third option to be searched before a Police Officer contravenes Section 50 and vitiates the entire trial — High Court correctly set aside conviction based on non-compliance with Section 50 Motor Vehicles Act, 1988 — Section 166 — Compensation — Deduction of group insurance benefits — Whether amounts received by claimants under employer-provided group insurance or other contractual/social security benefits can be deducted from compensation awarded under the Motor Vehicles Act, 1988 — Held, such benefits arise from independent contractual relationships and lack nexus with statutory compensation for death in a motor vehicle accident — Principle of balancing loss and gain cannot diminish statutory entitlement to just compensation — High Court rightly set aside deductions made by the Tribunal towards group insurance amounts. Recruitment Rules — Interpretation of — Anganwadi Workers applying for Supervisor posts — Eligibility and quota for graduates vs. SSLC holders — Amendment to rules increasing quota for Anganwadi Workers and earmarking a portion for graduates — Whether graduates are excluded from the general quota for Anganwadi Workers with SSLC and 10 years’ experience — Supreme Court held that the amendment did not exclude graduate Anganwadi Workers from applying for the 29% vacancies available to Anganwadi Workers with SSLC and 10 years’ experience — The 11% quota for graduates was carved out from the open recruitment quota, not from the existing quota for Anganwadi Workers with SSLC and experience — The selection process did not give any weightage to graduates, and the number of non-graduates selected indicated a level playing field. 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.

Income Tax Act, 1961 – Section 194E – Payments made to the Non-Resident Sports Associations in the present case represented their income which accrued or arose or was deemed to have accrued or arisen in India. Consequently, the Appellant was liable to deduct Tax at Source in terms of Section 194E of the Act. Decided on : 29-04-2020

  SUPREME COURT OF INDIA DIVISION BENCH PILCOM — Appellant Vs. C.I.T. WEST BENGAL-VII — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ. ) Civil Appeal No.…

Service Matters

Payment of Gratuity Act, 1972 – Sections 4(2), 4(3), 4(5) and 7 – Calculation of amount of gratuity – In case of such an employee the gratuity has to be calculated in accordance with the provisions of the Act and while so calculating, not only the basic principle available in Section 4(2) as to how the gratuity is to be calculated must be applied but also the ceiling which is part of Section 4(3) must also apply . Decided on : 29-04-2020

  SUPREME COURT OF INDIA DIVISION BENCH BCH ELECTRIC LIMITED — Appellant Vs. PRADEEP MEHRA — Respondent ( Before : Uday Umesh Lalit and Sanjiv Khanna, JJ. ) Civil Appeal…

Protection of Women from Domestic Violence Act, 2005 – Section 12 – Right of residence – Alternative accommodation – Under the Protection of Women from Domestic Violence Act, 2005 the appellant would certainly be entitled to a shared residence being her matrimonial home or in lieu thereof her husband to provide her with a suitable reasonable accommodation in accordance with law -Decided on : 29-04-2020

  SUPREME COURT OF INDIA FULL BENCH NEELAM GUPTA — Appellant Vs. MAHIPAL SHARAN GUPTA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and Krishna Murari,…

SC Upholds NEET; Says Uniform Exam For Admission In Medical & Dental Courses Does Not Violate Minority Rights . Held that prescribing a uniform examination of NEET for admissions in medical & dental courses did not violate rights of unaided/aided minority institutions under Articles 19(1) (g) & 30 read with 25, 26 & 29(1) of Constitution. D/APRIL 29, 2020.

SC Upholds NEET; Says Uniform Exam For Admission In Medical & Dental Courses Does Not Violate Minority Rights [Read Judgment] LIVELAW NEWS NETWORK 29 April 2020 2:59 PM In a…

Non-Participation In Arbitral Proceedings Results In Waiver Of Right To Raise Objections On Jurisdiction After Award : SC HELD hat the specification of a “Venue” or “Place” of arbitration may not hold much significance in domestic arbitrations as against international commercial arbitrations due to the uniform applicability of the substantive & curial law.D/April 29, 2020.

Non-Participation In Arbitral Proceedings Results In Waiver Of Right To Raise Objections On Jurisdiction After Award : SC [Read Judgment] Sanya Talwar 29 April 2020 6:49 PM Court also pointed…

In Partial Relief To Vodafone Idea, SC Allows Tax Refund Of Rs 773 Crores Held that since the statute now envisages exercise of power of withholding of refund in a particular manner, it goes without saying that for assessment year commencing after 01.04.2017 the requirements of Section 241-A of the Act must be satisfied.

In Partial Relief To Vodafone Idea, SC Allows Tax Refund Of Rs 773 Crores [Read Judgment] Mehal Jain 29 April 2020 2:48 PM GMT In a setback of sorts to…

Prevention of Corruption Act, 1988 – Section 2(c) (xi) – Deemed University – Whether the trustee of Deemed University is a ‘public servant’ covered under Section 2(c) of the PC Act – Held, Deemed university covered under PC Act – This Court is of the opinion that the High Court was incorrect in holding that a “Deemed University” is excluded from the ambit of the term “University” under Section 2(c)(xi) of the PC Act.

  SUPREME COURT OF INDIA FULL BENCH STATE OF GUJARAT — Appellant Vs. MANSUKHBHAI KANJIBHAI SHAH — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Ajay Rastogi, JJ.…

You missed