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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. Constitution of India, 1950 — Article 142 — Dissolution of marriage — Irretrievable breakdown — Supreme Court can dissolve marriage in exercise of extraordinary powers under Article 142 when marriage has irretrievably broken down, even if one party opposes it, to do complete justice. Factors to consider include period of cohabitation, separation, nature of allegations, attempts at reconciliation, and economic/social status. (Paras 4, 10, 11, 11.1, 11.2, 13, 15, 20, 26) Government Service — Recruitment — Challenge to Selection Process — A candidate who participates in a selection process without protest cannot challenge the rules or method of selection after being declared unsuccessful.

Insolvency—Winding up petition—Cases where the BIFR has forwarded an opinion to the High Court to wind up a company under Section 20 of the SIC Act, all such cases, are not to be transferred to NCLT. Insolvency and Bankruptcy Code, 2016, S.238–Transfer of Petition-Winding up petition—Cases where the BIFR has forwarded an opinion to

2019(1) Law Herald (SC) 220 : 2018 LawHerald.Org 2060 (2019) 1 RCR(Civil) 358 : (2018) 15 Scale 836 : (2019) 151 SCL 196 IN THE SUPREME COURT OF INDIA Before…

Motor vehicles Act, 1988, S.166 and 2(30)–Accident–Registered Owner- -Merely because the vehicle was transferred does not mean that such registered owner stands absolved of his liability to a third person–So long as his name continues in RTO records, he remains liable to a third person.

2019(1) Law Herald (SC) 216 : 2018 LawHerald.Org 2059 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit  Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Civil…

Criminal Breach of trust by Public Servant—Reduction in Sentence—Embezzlement of 85 litres of diesel from depot of State Transport by its bus driver—Appellant is now in his late sixties and no longer in service—He is also ailing and is not involved in any other criminal activity—Sentence reduced to period already undergone with increment in fine

2019(1) Law Herald (SC)   204 : 2018 LawHerald.Org 2056 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Criminal Appeal No.…

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