Labour Court and High Court failed to consider the specific plea of the company that the employee concerned was an employee of the contractor–Held in normal circumstances the matter should be remitted to High Court for reconsideration accordingly but as the employee concerned has already superannuated , Court directed to pay 50% of back wages only in terms of the award of Labour Court.
2008(1) LAW HERALD (SC) 698 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Appeal (civil) 1389 of 2001…
Murder–Discrepancy in F.I.R.–Benefit of doubt extended to few accused, need not to be extended to all accused.
2008(1) LAW HERALD (SC) 694 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Criminal Appeal No. 74 of 2008…
Appointment–Appellant was appointed as an X-ray Technician –He was compulsorily required to discharge the duties of administrative clerk as well–High Court not justified in not considering the administrative experience gained by the appellant as mentioned in his application form duly approved by the Medical Officer.
2008(1) LAW HERALD (SC) 685 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Tarun Chatterjee The Hon’ble Mr. Jusitce P. Sathasivam Civil Appeal No. 4760 of 2007…
Fatal Accidents Act, 1855–Damages–Limitation–Suit for compensation under 1855 Act has to be filed within 2 years from the date of death of the person- Limitation Act, 1963, Article 82.
(2017) ACJ 2865 : (2017) 180 AIC 30 : (2017) AIR(SCW) 4901 : (2017) AIR(SC) 4901 : (2017) AllSCR 2232 : (2017) 125 ALR 894 : (2017) DNJ 882…
Parole-“Conviction in a serious and heinous crime cannot be the reason for denying the parole per se, Parole and Furlough—Distinction between—Explained.
(2018) 102 ACrC 263 : (2017) 180 AIC 258 : (2017) AIR(SCW) 4986 : (2017) AIR(SC) 4986 : (2017) 5 AllWC 5300 : (2017) 4 BLJud 121 : (2017)…
Land Acquisition—Acquisition of the building can be made without acquiring land underneath to such building.
(2017) AIR(SCW) 4490 : (2017) 6 AIRBomR 384 : (2017) AIR(SC) 4490 : (2017) 5 AllWC 5106 : (2017) 5 ALT 49 : (2017) 124 CutLT 833 : (2017)…
Indian Penal Code, 1860, S.304 Part 2–Culpable Homicide—Sudden Fight-Reduction in Sentence—There was a pre-existing property dispute between the two families
(2017) 100 ACrC 996 : (2017) 177 AIC 31 : (2017) 4 AICLR 546 : (2017) AIR(SCW) 3847 : (2017) AIR(SC) 3847 : (2017) AllSCR(Crl) 1361 : (2017) 3 ALT(Crl)…
Land Acquisition—Enhancement of Compensation—Merely on the ground of delay such benefit cannot be denied to the appellants when similar situated agriculturists were given a higher rate of compensation—Delay of 3671 days in filing appeal condoned.
(2017) DNJ 928 : (2017) 3 LawHerald(SC) 2341 : (2017) 4 RCR(Civil) 428 : (2017) 5 RecentApexJudgments(RAJ) 310 : (2017) 8 SCALE 61 SUPREME COURT OF INDIA DIVISION BENCH SUBBARAYUDU — Appellant…
Corruption—Disproportionate Assets—A public servant facing such charge, cannot be comprehended to furnish any explanation in absence of the proof of the allegation of being in possession by himself or through someone else, pecuniary resources or property disproportionate to his known sources of income.
(2017) 100 ACrC 985 : (2017) 177 AIC 42 : (2017) 4 AICLR 509 : (2017) AIR(SCW) 3713 : (2017) 3 AIRJharR 825 : (2017) AIR(SC) 3713 : (2017)…
Civil Procedure Code, 1908, O.41 R.31— Appeal from original decree-Speaking Order—Held; Judgment of the appellate court has to state the reasons for the decision—It is necessary to make it clear that the approach of the first appellate court while affirming the judgment of the trial Court and reversing the same is founded on different parameters
(2017) 177 AIC 26 : (2017) AIR(SCW) 3591 : (2017) AIR(SC) 3591 : (2017) AllSCR 1828 : (2017) 124 ALR 585 : (2017) 3 ARC 8 : (2017) 3 CGLJ…