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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.

Medical Oxygen IP & Nitrous Oxide IP Are ‘Drugs’ Under Section 3(b)(i) Of Drugs & Cosmetics Act 1940 : SC HELD “There is no doubt that Medical Oxygen IP and Nitrous Oxide IP are medicines used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings falling within the ambit of Section 3(b)(i) of the 1940 Act. We hold that Medical Oxygen IP and Nitrous Oxide IP fall within the ambit of Section 3(b)(i) of the 1940 Act and are consequently covered in Entry 88 of the 2005 Act”,

Medical Oxygen IP & Nitrous Oxide IP Are ‘Drugs’ Under Section 3(b)(i) Of Drugs & Cosmetics Act 1940 : SC [Read Judgment] LIVELAW NEWS NETWORK 14 April 2020 2:56 PM…

Service Matters

HELD As per the Government letter Centre has been merged with Institute of Distance Education, what are the consequences of merger of Centre with Institute of Distance Education have neither been explained by the appellant nor there are any material to come to the conclusion that by such merger the Centre shall become Centre maintained by the University. Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH P. GOPINATHAN PILLAI — Appellant Vs. UNIVERSITY OF KERALA AND OTHERS — Respondent ( Before : Ashok Bhushan and M.R. Shah, JJ. ) Civil…

Service Matters

[Haryana PTI Selections] Principle Of Estoppel Does Not Apply When There Were Glaring Illegalities In Candidate Selection Procedure: SC HELD that the preposition that a candidate, who participates in a selection without a demur taking a calculated chance to get selected cannot turn around and challenge the criteria of selection and the constitution of the selection committee is well settled.

[Public Employment] Principle Of Estoppel Does Not Apply When There Were Glaring Illegalities In Candidate Selection Procedure: SC [Read Judgment] LIVELAW NEWS NETWORK 9 April 2020 12:42 PM The Supreme…

IMP :: COVID-19 outbreak – Supreme Court of India and High Courts have adopted measures to reduce the physical presence of lawyers, litigants, court staff, para legal personnel and representatives of the electronic and print media in courts across the country and to ensure the continued dispensation of justice. HELD Words and Phrases – ‘Evidence’ – Term ‘evidence’ includes electronic evidence and that video conferencing may be used to record evidence.

SUPREME COURT OF INDIA FULL BENCH IN RE: GUIDELINES FOR COURT FUNCTIONING THROUGH VIDEO CONFERENCING DURING COVID-19 PANDEMIC ( Before : S.A. Bobde; CJI, D.Y. Chandrachud and L. Nageswara Rao,…

[COVID-19] SC Issues Slew Of Directions To Implement Video Conferencing In All Courts Across The Country HELD “Every individual and institution is expected to cooperate in the implementation of measures designed to reduce the transmission of the virus. The scaling down of conventional operations within the precincts of courts is a measure in that direction.”

[COVID-19] SC Issues Slew Of Directions To Implement Video Conferencing In All Courts Across The Country [Read Order] LIVELAW NEWS NETWORK 6 April 2020 5:10 PM “Every individual and institution…

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