Indian Defence Service of Engineers (Recruitment and Conditions of Service) Rules, 2016 – Rule 12 – Rules not apply to Army Officers – It is categorically laid down in Rule 12 of the IDSE Rules that the Rules shall not apply to Army Officers appointed on a tenure basis as they are governed by the Army Act and the Rules framed thereunder – There is no dispute that the Respondent was appointed on a tenure basis in accordance with the MES Regulations
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. BRIG. BALBIR SINGH (RETD.) — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…
Environmental Clearance (EC) for the development of a greenfield International airport at Mopa in Goa – HELD This Court direct the National Environmental Engineering Research Institute to be appointed to oversee compliance with the directions cumulatively issued by this Court – Project proponent shall bear the costs, expenses and fees of NEERI – The suspension on the EC shall accordingly stand lifted – The Miscellaneous Application is accordingly disposed of.
SUPREME COURT OF INDIA DIVISION BENCH HANUMAN LAXMAN AROSKAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Hemant Gupta, JJ.…
Industrial Dispute Act, 1947 – Sections 2(s), 3(5), 4, 6, 7 and 32 – Termination -Unfair labour practices – Jurisdiction – Alleging termination as a consequence of non-joining on the transferred post will not confer jurisdiction on the Industrial Court
SUPREME COURT OF INDIA DIVISION BENCH RAJNEESH KHAJURIA — Appellant Vs. M/S. WOCKHARDT LTD. AND ANOTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Civil…
Criminal Procedure Code, 1973 (CrPC) – Section 439 – Special powers of High Court or Court of Session regarding bail HELD Jurisdiction of the Court under Section 439 of the Code is limited to grant or not to grant bail pending trial – Even though the object of the Hon’ble Judge was laudable but the jurisdiction exercised was clearly erroneous
SUPREME COURT OF INDIA DIVISION BENCH STATE REP. BY THE INSPECTOR OF POLICE — Appellant Vs. M. MURUGESAN AND ANOTHERS — Respondent ( Before : L. Nageswara Rao and Hemant…
Adverse possession – A plea of adverse possession is founded on the acceptance that ownership of the property vests in another, against whom the claimant asserts possession adverse to the title of the other.
SUPREME COURT OF INDIA DIVISION BENCH SHRI UTTAM CHAND (D) THROUGH LRS. — Appellant Vs. NATHU RAM (D) THROUGH LRS. AND OTHERS — Respondent ( Before : L. Nageswara Rao…
Service Law – Appointment – Direct recruitment to the posts of Administrative Officer/Assistant Assessor and Collector – Since the selection process has not been completed and keeping in view the mandate of the Statutory Rules – Appellants have no right to dispute the action of the Municipal Bodies to fill up the posts either by way of promotion or by deputation as such posts are being filled up in terms of mandate of the Rules
SUPREME COURT OF INDIA DIVISION BENCH MOHD. RASHID — Appellant Vs. THE DIRECTOR, LOCAL BODIES, NEW SECRETARIAT AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta,…
Service Law – Payment of salary – Actual salary was not to be paid on the principle of “no work no pay” –
SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTAR PRADESH AND OTHERS — Appellant Vs. ALI HUSSAIN ANSARI AND ANOTHER — Respondent ( Before : S. Abdul Nazeer and…
Motor Accidents Claim: Violation Of Law By Itself Cannot Lead To A Finding Of Contributory Negligence
Motor Accidents Claim: Violation Of Law By Itself Cannot Lead To A Finding Of Contributory Negligence: SC [Read Judgment] Ashok Kini 14 Jan 2020 5:40 PM “It is in such…
Service Law – Payment of salary for period of suspension – A charged employee shall be entitled to claim full salary for the period of suspension only in case the order of penalty is set aside and he is held not guilty of any of the charges.
SUPREME COURT OF INDIA DIVISION BENCH OM PAL SINGH — Appellant Vs. DISCIPLINARY AUTHORITY AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Civil…
Civil Procedure Code, 1908 (CPC) – Sections 96 and 100 – Transfer of Property Act, 1882 – Section 52 – Right to property – Second Appeal – Appellants were not the parties to the suit nor in the regular appeal – High Court has held that insofar as the locus of the appellants, they being third parties had no right to challenge the judgment and order passed by the Lower Appellate Court HELDSubstantial questions raised have not been appropriately dealt with and answered the matter would require reconsideration by the High Court – Appeal disposed of.
SUPREME COURT OF INDIA FULL BENCH GAJARABA BHIKHUBHA VADHER AND OTHERS — Appellant Vs. SUMARA UMAR AMAD (DEAD) THRU LEGAL HEIRS AND OTHERS — Respondent ( Before : R. Banumathi,…