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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.

Arbitrator—Appointment of—Challenge to—When an arbitrator was allegedly appointed against the terms of the agreement (arbitration clause) the provisions of 5.11(6) cannot be invoked to challenge such appointment Arbitrator—Appointment of—Amendment of 2015—General conditions of the contract cannot be taken to be the agreement between the parties so as to apply the provisions of the amended Act

2018(4) Law Herald (SC) 3433 : 2018 LawHerald.Org 1952 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal Nos. 11824-11825…

Unauthorised Possession—To prove that the possession is legal, prima facie plaintiff has to prove that he is either the owner of such property or is in possession as a lawful tenant or is in its permissive possession with the express consent of its true owner

2018(4) Law Herald (SC) 3416: 2018 LawHerald.Org 1949 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal Nos. 11761-11762…

ALOK VERMA, CBI DIRECTOR Case–Contention of the Attorney General that the action against Verma cannot be regarded as “transfer” or “removal”, as he was merely taken off charge, Repelled by court. “the term ‘transfer’, as used in section 4B of the DSPE Act, cannot be understood in its traditional sense and must be interpreted as including actions which impact the functioning of the CBI Director – held that the word “transfer” has to be understood as encompassing all acts which affect the independent functioning of CBI Director” Further Held “Vineet Narain and others vs. Union of India and another, (1998) 1 SCC 226 case cannot be disregarded, and the subsequent enactment of the CVC Act, introducing amendments to the DSPE Act, in pursuance of the 1997 judgment was with the object of ensuring absolute insulation of the CBI Director.”

SUPREME COURT OF INDIA FULL BENCH ALOK KUMAR VERMA — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Ranjan Gogoi, C.J.I, Sanjay Kishan Kaul and K.M.…

Non­compoundable offence – Quashing of criminal proceedings on the ground that the accused and the original Complainant have settled the dispute amicably – Despite any settlement between the Complainant on the one hand and the accused on the other, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed, as the offence under Section 307 is a non­compoundable offence

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. KALYAN SINGH AND OTHERS — Respondent ( Before : D. Y. Chandrachud and M. R. Shah, JJ.…

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