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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.

Murder—Culpable homicide not amounting to murder—Application of provisions—Difference explained. Relation witness–Relationship is not a factor to affect credibility of a witness. Murder–Single blow–Not a rule of universal application that whenever one blow is given Section 302 IPC is ruled out.

2007(5) LH (SC) 3484   IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 1304 of…

Additional accused–Summoning of–Trial court can add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the charge-sheet or the case diary. Additional accused–Summoning of–Power under Section 319 of the Code can be exercised by the Court suo motu or on an application by someone including accused already before it. Additional accused–Summoning of–It will be presumed that newly added person had been an accused person when the Court took cognizance of the offence.

  2007(5) LH (SC) 3476  IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 1305 of 2007…

Bail—Economic Offence—Latest status report of further investigation does not indicate specific issues presently being pursued to impellingly justify detention—Bail granted. Bail—Grant of—Seriousness of the charge, is not the only test or the factor to grant or deny such privilege; is regulated to a large extent by the facts and circumstances of each particular case.

2017(1) Law Herald (SC) 285 : 2017 LawHerald.Org 581 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arun Mishra The Hon’ble Mi. Justice Amitava Roy Criminal Appeal…

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