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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.

Summons—Revision under S 397(2) Cr PC against order of issue of process is maintainable Cognizance of Offence—While taking cognizance of an offence under Section 190 (1) (b) CrPC, the Magistrate does not has to record reasons for its satisfaction of sufficient grounds for issuance of summons

2019(1) Law Herald (SC) 511 : 2019 LawHerald.Org 598 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice Indira Banerjee Hon’ble Mrs. Justice R. Baumathi Criminal Appeal No. 224…

Rape–Medical certificate granted by the Doctor suggests that the Hymen was torn at 6’O clock position and the rugosity was lost–There was no reason for the poor girl to falsely implicate the accused. Rape–Defence cannot take advantage of bad investigation where there is clinching evidence available to the prosecution–Truthful version of the prosecutrix cannot be ignored.

2009(1) LAW HERALD (SC) 593 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S.Sirpurkar Criminal Appeal No. 222 of 2009 (Arising…

Landlord & Tenant-Eviction-Revision of Rent-Agreed rent which was being paid by the tenant with annual increment decided at the time of creation of tenancy (10%) is not liable to re-determined as per amendment in statutory Act fixing rate of annual increment (7.5%)–Rate of annual increment would be applicable after the commencement of amendment–Tenant cannot unilaterally revise the rent already paid as statutory amendment

2019(1) Law Herald (SC) 493 : 2019 LawHerald.Org 556 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal Nos. 12561-12562…

Consumer Protection Act, 1986, S.27–Imposition of Penalty-Appellant was shown as Secretary of the Society during the relevant period—For the default committed by a Credit Society (non return of amount invested alongwith interest as assured) and in absence of any personal liability imposed on the appellant, no order for imprisonment can be ordered for imprisonment of appellant

2019(1) Law Herald (SC) 572 : 2018 LawHerald.Org 2135 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. Subhash Reddy Hon’ble Mr. Justice Uday Umesh Lalit Civil Appeal…

Consumer Protection Act, 1986, S. 12–Medical Negligence-Vegetative State–Child aged two and half years underwent minor survey but thereafter developed respiratory distress and has been reduced to a vegetative state–Forums below had awarded Rs. 10 lakhs as compensation payable jointly by surgeon and the anesthetist-Compensation enhanced further by Rs.7 lakhs

2019(1) Law Herald (SC) 552 : 2019 LawHerald.Org 602 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjay Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

Criminal Procedure Code, 1973, S.456–Forcible Dispossession-Restoration of Possession—Limitation-Limitation of 30 days filing an application would apply only if the Trial Court had not passed any order in respect of the case property while convicting the accused—No limitation has been provided for the higher courts to make an order for restoration of possession while disposing the proceedings before it. 

2019(1) Law Herald (SC) 535 : 2019 LawHerald.Org 60O IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Deepak Gupta Criminal Appeal No. 1104 of 2011 Mahesh Dube v.…

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