Workmen Compensation—Interest on Compensation—Relevant date for determination of the rate of compensation is the date of accident and not the date of adjudication of the claim by the Commissioner
2018(4) Law Herald (SC) 2994 : 2018 LawHerald.org 1774 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal No.…
Accident—Personal Expenses—Even if deceased had low income deduction of one third of income towards his personal expenditure is proper.
2018(4) Law Herald (SC) 2992 : 2018 LawHerald.org 1772 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…
Service Law—Past Service—Seniority—Inter-Company transfer on personal request—The service rendered by him in old company can be and ought to be taken into account for all other purposes, other than for determination of his seniority in the new company
2018(4) Law Herald (SC) 2984 : 2018 LawHerald.org 1771 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…
Panchayat Law—No Confidence Motion—President ofpanchayat well knowingly participated in the meeting and the resolution was passed against her—After losing in the voting process, the challenge cannot be made to the procedure of calling the meeting
2018(4) Law Herald (SC) 2978 : 2018 LawHerald.org 1770 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…
Arbitration—Place of Arbitration—The word ‘determination’requires a positive act to be done— The sittings at various places are relatable to venue—It cannot be equated with the seat of arbitration or place of arbitration which has a different connotation.
2018(4) Law Herald (SC) 2961 : 2018 LawHerald.org 1769 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…
Criminal Procedure Code, 1973, S.125–Maintenance–Proof of Marriage–Under S.125 Cr.P.C, strict proof of marriage is not necessary—Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 Cr.P.C, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy.
2018(4) Law Herald (SC) 2954 : 2018 LawHerald.org 1768 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. Banumathi Honble Mrs. Justice Indira Banerjee Criminal Appeal Nos. 2368-2369…
Indian Penal Code, 1860, S.302 and S.304-A—Murder—Alteration of Charge—Death by Negligence—Blast occurred in a factory—7 workers died due to stampede caused by smoke in whole area—Respondent are directors of company involved in day to day functioning—High Court held to have rightly alerted the charges from S.302 IPC to S.304-A IPC
2018(4) Law Herald (SC) 2952 : 2018 LawHerald.org 1767 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Sanjay Kishan Haul Criminal Appeal…
Criminal Procedure Code, 1973, S.451–Superdari–Release of Vehicle- Respondent was engaged as a contractor by the National Highway Authority—In the process of the work, as per the direction given by his superior officers, the building was demolished for the purpose of National Highway development-Held; Bank guarantee for the alleged loss need not be insisted for releasing a vehicle involved in the process.
2018(4) Law Herald (SC) 2950 : 2018 LawHerald.org 1766 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Sanjay Kishan Kaul…
Service Law—Break in Service—A “break in service” cannot be allowed as a ground by way of punishment in Clause 16 of the Chapter of Punishment in Certified Standing Orders.
2018(4) Law Herald (SC) 2947 : 2018 LawHerald.org 1765 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal No.…
Service Law—Back Wages—Labour Court in one line simply directed the appellant (employer) to pay full back wages for a long period to the deceased workman while directing his reinstatement in service without considering the factors required to determined before awarding full back wages
2018(4) Law Herald (SC) 2943 : 2018 LawHerald.org 1764 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal…