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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.

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…

Freedom Fighters Pension Scheme, 1972–Samman Pension-Eligibility-Swatantrata Sainik Samman Pension Scheme, 1980 is a document based Scheme and the documents required for eligibility for Samman Pension as mentioned in the Scheme are to be produced by the applicant in support of his claimed suffering, duly verified and recommended by the concerned State Government

2017(1) Law Herald (SC) 280 : 2017 LawHerald.Org 579 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mrs. Justice R. Banumathi Civil Appeal…

Indian Penal Code, 1860, S.302 & S.34–Murder–Common Object-Mere fact that the accused persons were armed would not be sufficient to prove the common object-In the instant case, however, there is a clear finding about the common object and calculated/concerted action in furtherance of the said object-­ Conviction upheld.

2017(1) Law Herald (SC) 275 : 2017 LawHerald.Org 556 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice R.K. Agrawal Criminal Appeal…

Narcotic Drugs and Psychotropic Substances Act, 1985, S.50–Personal Search- -Contraband recovered from inside the car in which accused and co-accused were traveling and not in course of the search of their person—Therefore, S.50 had no application and hence its non-compliance is not adverse to accused

2017(1) Law Herald (SC) 262 : 2016 LawHerald.Org 2490 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Amitava Roy Criminal Appeal…

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