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Expression ‘date of this Notification’ means date of publication in Official Gazette – Foreign Trade (Development and Regulation) Act, 1992 — Section 3 — Notification — Publication in Official Gazette — Essential requirement for enforceability — Delegated legislation requires publication for accessibility, notice, accountability and solemnity — Not an empty formality but transforms executive decision into law — Strict compliance with publication requirement is a condition precedent — Law must be promulgated or published in a recognisable way. (Paras 16, 17, 18, 19) Insolvency and Bankruptcy Code, 2016 — Section 60(5)(c) — Jurisdiction of Adjudicating Authority — Declaration of title to trademark — NCLT exceeded its jurisdiction by declaring title to trademark “Gloster” in favour of the Successful Resolution Applicant (SRA) while adjudicating an application under Section 60(5) of the IBC, as the issue of trademark title was a highly contentious dispute beyond the scope of insolvency proceedings and not directly related to the CIRP. Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 — Building and Other Construction Workers’ Welfare Cess Act, 1996 — Applicability — Cess could not be levied or collected before the constitution of Welfare Boards, as their constitution is a condition precedent for the implementation of these Acts. Haryana Development and Regulation of Urban Areas Act, 1975 — Section 3(3A) — Amendment Act, 2020 — Retrospective validation of actions — Power to grant license includes power to modify, suspend, revoke, or delicense — Delicensing of land for commercial purposes after it was initially licensed for residential use is permissible. Factories Act, 1948 — Section 59(2) — Overtime wages calculation — “Ordinary rate of wages” — Includes basic wages plus all allowances worker is entitled to, excluding only bonus and overtime wages — Compensatory allowances like House Rent Allowance (HRA), Transport Allowance (TA), Clothing and Washing Allowance (CWA), and Small Family Allowance (SFA) are includible.

Civil Procedure Code, 1908, S.144–Restitution–Restoration of Possession—There was no decree or order of the Trial court by virtue of which the appellant was given possession of the property, nor did any decree or order mandate that the respondent hand over possession to the appellants—In these circumstances, the provisions of Section 144, CPC were not attracted

  2019(1) Law Herald (SC) 801 : 2019 LawHerald.Org 713 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil…

Criminal Procedure Code, 1973, S.439–Bail–Cancellation of–Cheating–FIR against builders for not fulfilling their obligations under agreement to sell entered by them with various prospective buyers–Trial Court cancelling bail order of Respondent No.2 who was a proclaimed offender-High Court set aside the order and restored interim bail granted by Trial Court without assigning any reasons and even without issuing notice to complainants—Impugned order of High Court set aside—Respondent No.2 directed to surrender before Session Judge.

2019(1) Law Herald (SC) 790 : 2019 LawHerald.Org 620 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Crl A. No.…

Dishonour of Cheque—Rebuttable Presumption—Standard of proof to be adopted is preponderance of probabilities. Dishonour of Cheque—Advancement of Loan—Complainant failed to establish the source of funds which is alleged to have utilized for the disbursal of loan to the appellant—Accused acquitted.

2019(1) Law Herald (SC) 751 : 2019 LawHerald.Org 709 (2019) 2 SCALE 548 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice…

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