Equal pay for equal work–Application of the principle of equal pay for equal work cannot be claimed merely because there was delegation of certain power–Claim of the Respondent for a higher pay scale is on the ground that he was discharging the duties of a higher post, without, giving any factual details–Claim untenable
2009(1) LAW HERALD (SC) 551 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 318…
Appointment–Appointment of Lambardar by Collector considering merits of the candidates–High Court set aside the order in writ jurisdiction–Order of High Court not valid. Lambardar is not a Govt. servant.
2009(1) LAW HERALD (SC) 545 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7252 Of 2008…
Amendment of pleadings–Cannot be directed to be amended after the hearing of a case begins. Commencement of proceeding–Filing of an affidavit in lieu of examination in chief of the witness, would amount to `commencement of proceeding’.
2009(1) LAW HERALD (SC) 540 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7251 Of 2008…
Discharge from service–Absence from duty without prior permission–There was no necessity of holding any formal enquiry.
2009(1) LAW HERALD (SC) 537 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 3499 of 2008…
Promotion–Delay of 11 to 12 years cannot be overlooked when an applicant before the court seeks equity and specially in the case of service matters.
2009(1) LAW HERALD (SC) 533 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 2274 Of…
Additional Evidence—Criminal Appeal—Filing application for additional evidence at appellate stage cannot always be termed as delaying tactics. Additional Evidence—Criminal Appeal—Due to lapse on the part of appellant and his counsel the document which was a photocopy and was centre point of dispute/allegation could not be proved and accused was convicted—In appeal application for placing on record certified copy of said document ought to be allowed by High Court
2019(1) Law Herald (SC) 370 : 2019 LawHerald.Org 545 IN THE SUPREME COURT OF INDIA Before Honrble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Criminal Appeal No.l48of2019 Brig.…
Quashing—Final Report—High Court not to quash the FIR without commenting on merits of final report on record
2019(1) Law Herald (SC) 368 : 2019 LawHerald.Org 544 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M.R. Shah Criminal Appeal Nos.…
Wakf-Jurisdiction of Wakf Tribunal-Bar of Jurisdiction of Civil Court-Right, title and interest of a non-Muslim to the Wakf property is to be adjudicated by Wakf Tribunal where dispute pleaded is that suit property is not Wakf property.
2019(1) Law Herald (SC) 459 : 2019 LawHerald.Org 552 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No.…
Election Petition—Objection that copy of election petition served is not the “True Copy”—Actual copy served to be examined—Election petition cannot be dismissed at the threshold on this objection.
2019(1) Law Herald (SC) 449 : 2018 LawHerald.Org 2132 IN THE…
Civil Procedure Code, 1908, S.96-Appeal–Withdrawal of Appeal- Dismissal of appeal “as not pressed”–If the appellant is a juristic entity created under the Act, Appellant Court have to ensure strict compliance of the relevant provisions of the Act under which they have are created coupled with ensuring compliance of relevant provisions of the Code of Civil Procedure for forgoing their right to prosecute the appeal on merits
2019(1) Law Herald (SC) 444 : 2018 LawHerald.Org 2128 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…