Seniority – Absorption – Counting of services rendered by deputationist in the parent department – Held: Any Rule, Regulation or Executive Instructions which has the effect of taking away the service rendered by deputationist in an equivalent cadre in the department while counting his seniority in the deputed post would be violative of Articles 14 and 16 of the Constitution.
AIR 2000 SC 594 : (2000) 85 FLR 305 : (1999) 9 JT 597 : (1999) 7 SCALE 466 : (2000) 1 SCC 644 : (2000) SCC(L&S) 213 :…
Evidence Act, 1872 – Section 3 – Witness – Solitary eye-witness – Non-mentioning of name in FIR – Incident of murder of two brothers seen by wife of one of the deceased – Her testimony appearing to be reliable, natural and not shaken in cross-examination
AIR 2002 SC 312 : (2002) CriLJ 587 : (2002) 1 Crimes 205 : (2001) 2 JT 347 Supp : (2001) 8 SCALE 372 : (2001) 10 SCC 94…
Evidence Act, 1872 – Section 27 – Applicability of provision – Recovery based on information already known – Since the dead body was recovered on the basis of information already known, Section 27 of the Evidence Act has no application.
AIR 2003 SC 4377 : (2003) CriLJ 5054 : (2003) 2 JT 393 Supp : (2003) 8 SCALE 221 : (2003) 11 SCC 261 : (2003) 4 SCR 165…
Execution of Decree—Limitation for filing an application delivery of possession of property by auction purchaser is one year from the date when the sale becomes absolute and not when the sale was confirmed.
2017(1) Law Herald (SC) 163 : 2017 LawHerald.Org 514 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.K. Agrawal The Hon’ble Mrs. Justice R. Banumathi Civil Appeal…
Transfer of Property Act, 1882, S,58(e)–Mortgage by conditional sale
2017(1) Law Herald (SC) 160 : 2016 LawHerald.Org 2452 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.K. Agrawal The Hon’ble Mrs. Justice R. Banumathi Civil Appeal…
Service Law-Terminal Benefits-Casual Labour-Daily Wage Employees-Porters Working with the Army-Terminal benefits
2017(1) Law Herald (SC) 155 : 2017 LawHerald.Org 515 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice T.S. Thakur The Hon’ble Mr. Justice Dr. D.Y. Chandrachud…
Foreign Decree—Orders passed by Foreign Court—Amounts to a “decree”and same is executable in India.
2017(1) Law Herald (SC) 146 : 2016 LawHerald.Org 2451 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’bie Mr. Justice N.V. Ramana Civil Appeal…
Prevention of Corruption Act, 1988 – Section 19 – Sanction for prosecution – Second sanction order not issued by competent authority – Cognizance taken prior to sanction bad in law
AIR 2005 SC 3606 : (2005) CriLJ 4379 : (2005) 12 JT 204 : (2005) 7 SCALE 659 : (2005) 8 SCC 130 : (2005) 1 SCR 712 Supp…
Arbitration and Conciliation Act, 1996 – Section 31(5) and Section 34(3) – Arbitral award – Service on agent of party – Signed copy of award has to be delivered to party – When a copy of signed award is not delivered to party himself it would not amount to compliance with provisions of Section 31(5) – Any reference made in Section 31(5) and Section 34(2) can only mean party himself and not his agent or Advocate
(2012) 4 ARBLR 81 : (2012) 111 CLA 65 : (2013) 115 CLT 468 : (2012) 5 CTC 519 : (2012) 9 JT 111 : (2012) 4 RCR(Civil) 584…
The reference to arbitrator does not suggest an obligation having been cast on the arbitrator to give reasons for the award. Such a plea, as has been urged in this Court, was not taken by the Respondents before the arbitrator. Even in the objections filed in the Court, the validity of the award has not been specifically questioned on the ground of its having been given in breach of any obligation of the arbitrator to give reasons as spelled out by the arbitration clause
AIR 2015 SC 125 : (2014) AIRSCW 5458 : (2014) 10 SCALE 313 : (2014) 9 SCC 212 : AIR 2015 SC 125 : (2014) 3 ARBLR 470 :…