HELD We have stated the facts of the present case only by way of narration of events and explaining the chronology. We shall not be taken to have dealt with merits or demerits of the rival contentions of the parties. The merits of the matter shall be gone into independently by the concerned authorities without being influenced, in any way, by any of the observations made by the High Court and this Court.
SUPREME COURT OF INDIA FULL BENCH COGNIZANT TECHNOLOGY SOLUTIONS INDIA PVT. LIMITED — Appellant Vs. DEPUTY COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT 1 — Respondent ( Before :…
Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 HELD our opinion on the point at issue is that the norms, prevailing on the date of consideration of the application, should be the basis for consideration of claim for compassionate appointment. A dependent of a government employee, in the absence of any vested right accruing on the death of the government employee, can only demand consideration of his/her application. He is however disentitled to seek consideration in accordance with the norms as applicable, on the day of death of the government employee
SUPREME COURT OF INDIA FULL BENCH N.C. SANTHOSH — Appellant Vs. STATE OF KARNATAKA AND OTHERS — Respondent ( Before : R. Banumathi, A. S. Bopanna and Hrishikesh Roy, JJ.…
Chhattisgarh Co-Operative Societies Act I960 – (i) Clauses (a) and (b) of Section 54(3), as special provisions for the appointment of the CEO of Cooperative Banks confer upon them the power to appoint their CEO (ii) However, where a Cooperative Bank is a Central Society within the ambit of Section 49-E(2), the CEO shall be appointed from among the officers of the cadre constituted and maintained under Section 54, where such cadre has been constituted. (iii) Where no cadre has been constituted under Section 54, the CEO of a Cooperative Bank which is a Central Society under Section 49-E(2) shall be appointed with the prior approval of the Registrar as stipulated in Section 49-E(2)(b)(ii).
SUPREME COURT OF INDIA DIVISION BENCH MANAGING DIRECTOR CHHATTISGARH STATE CO-OPERATIVE BANK MARYADIT — Appellant Vs. ZILA SAHKARI KENDRIYA BANK MARYADIT AND OTHERS — Respondent ( Before : Dr. Dhananjaya…
Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 – Sections 31 and 32 – Change of land use from commercial to residential – Ujjain Municipal Corporation was not made a party and had no opportunity to represent their stand on the change in the layout plan – HELD It proper to direct the appellant-board and the authorities to ensure that the areas/land earmarked for the primary school and park/garden are not converted into residential plots – Appeal allowed
SUPREME COURT OF INDIA FULL BENCH MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD AND ANOTHER — Appellant Vs. VIJAY BODANA AND OTHERS — Respondent ( Before : Sharad A. Bobde,…
Consumer Protection Act, – Section 13(2)(a) – Whether Section 13(2)(a), which provides for the respondent/opposite party filing its response to the complaint within 30 days or such extended period, not exceeding 15 days, should be read as mandatory or directory – District Forum has no power to extend the time for filing the response to the complaint beyond the period of 15 days in addition to 30 days as is envisaged under Section 13 of the Act.
SUPREME COURT OF INDIA CONSTITUTION BENCH NEW INDIA ASSURANCE COMPANY LIMITED — Appellant Vs. HILLI MULTIPURPOSE COLD STORAGE PRIVATE LIMITED — Respondent ( Before : Arun Mishra, Indira Banerjee, Vineet…
VIRTUAL CURRENCY (VC) CASE :: Reserve Bank of India Act, 1934 – Section 45JA and 45L – Banking Regulation Act, 1949 – Section 35A read with 36(1)(a) and 56 – Payment and Settlement Systems Act, 2007 – Section 10(2) read with Section 18 – Virtual currencies – Position as on date is that VCs are not banned
SUPREME COURT OF INDIA FULL BENCH INTERNET AND MOBILE ASSOCIATION OF INDIA — Appellant Vs. RESERVE BANK OF INDIA — Respondent ( Before : Rohinton Fali Nariman, Aniruddha Bose and…
Foreign Exchange Management (Realisation, Repatriation and Surrender of Foreign Exchange) Regulations, 2000 – Regulation 6 – Foreign Exchange Management Act, 1999 – Section 16(3), 10(6), 46 and 47 – Contravention referred to in Section 10(6) by its very nature is a continuing offence –
SUPREME COURT OF INDIA DIVISION BENCH SUBORNO BOSE — Appellant Vs. ENFORCEMENT DIRECTORATE AND ANOTHER — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil Appeal No.…
Textile Undertakings (Nationalisation) Act, 1995 – Sections 4(2), 4(5), 7 and 20 – Loan – Recovery proceedings – Claim by the lender Bank towards which a decree had already been granted in respect of one claim and the other claim is pending consideration. The fact as to whether in the matter of take over, the liabilities were also included is one aspect of the matter HELD This is an aspect which is to be examined after providing opportunity to the parties, if need be, after tendering evidence in that regard – Question of liability could neither have been decided in the writ proceedings before the High Court nor in this appeal
SUPREME COURT OF INDIA FULL BENCH UCO BANK — Appellant Vs. NATIONAL TEXTILE CORPORATION LIMITED AND ANOTHER — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ.…
HELD “…….. once the testator has given an absolute right and interest in his entire property to a devisee it is not open to the testator to further bequeath the same property in favour of the second set of persons in the same will, a testator cannot create successive legatees in his will. The object behind is that once an absolute right is vested in the first devisee the testator cannot change the line of succession of the first devisee.”
SUPREME COURT OF INDIA DIVISION BENCH M.S. BHAVANI AND ANOTHER — Appellant Vs. M.S. RAGHU NANDAN — Respondent ( Before : Mohan M. Shantanagoudar and R. Subhash Reddy, JJ. )…
All India Council of Technical Education Act, 1987 – Section 2(g) – Technical education – Having realized the difficulties in view of dual regulations of pharmacy education under the PCI and AICTE HELD Therefore, even according to the Union of India, the word ‘pharmacy’ is to be deleted from the definition of ‘technical education’ contained in Section 2(g) of the AICTE Act.
SUPREME COURT OF INDIA FULL BENCH THE PHARMACY COUNCIL OF INDIA — Appellant Vs. DR. S.K. TOSHNIWAL EDUCATIONAL TRUSTS VIDARBHA INSTITUTE OF PHARMACY AND OTHERS — Respondent ( Before :…