Labour Law—Bonus—‘Wages’ does not include “bonus”.
2007(4) LAW HERALD (SC) 2853 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 2204 of 2007…
Arbitrator—Appointment of—It there being an agreed procedure for resolution of disputes by arbitration in accordance with rules of arbitration of India Council of Arbitrator, then Section 11(3) (4) (5) can have no application.
2007(4) LAW HERALD (SC) 2846 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 2386…
Unnatural Death of women after 10 years of marriage—Presumption—Acquittal—Held; Burden of proof it is not for the accused to show under circumstances death was caused—Conviction set aside.
2007(4) LAW HERALD (SC) 2845 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P.P. Naolekar Criminal Appeal No.552 of 2002…
Service Law—Whether promotee can be granted retrospective promotion or seniority as against direct recruits—Matter referred to larger bench.
2007(4) LAW HERALD (SC) 2843 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 1331 of 2001…
Writ jurisdiction—Contractual matter—It is neither appropriate nor permissible for two departments of a State or the Union of India to fight litigation in a court of law.
2007(4) LAW HERALD (SC) 2838 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 3143…
Judicial Review—Is not against the decision. It is against the decision making process.Only on the grounds of mala fide, arbitrariness and perversity.
2007(4) LAW HERALD (SC) 2833 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.298 of…
Common Intention–Only be inferred from the circumstances appearing from the proved facts of the case and the proved circumstances. Common Intention–The acts may be different in character, but must have been actuated by one and the same common intention in order to attract the provision.
2007(4) LAW HERALD (SC) 2829 IN THE SUPREME COURT OF INDIA (VACATION BENCH) Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No.…
Transfer petition—The crucial question is whether any part of the cause of action arose within the jurisdiction of the concerned Court.
2007(4) LAW HERALD (SC) 2826 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 4110 of 2007…
Dishonour of cheque—Territorial jurisdiction of Court to entertain complaint—Issue of statutory notice cannot constitute a valid ground for conferring jurisdiction upon Court concerned to take cognizance of offence under Section 138—Issue of statutory notice demanding payment of cheque amount is not sufficient to vest Delhi Courts with jurisdiction to entertain complaint
(2014) 3 BC 695 : (2014) 9 SCALE 134 : (2014) 8 SCC 878 : (2014) 3 BC 695 : (2014) 3 CCR 547 : (2014) 4 RCR(Civil) 243…
Concurrent findings that even in the absence of seal a conclusion has to be drawn that the licence had been issued by him on behalf of Mandal Panchayat and not on behalf of Municipal Council and therefore it was valid licence. Therefore, High Court wrongly held that licence was bad.
AIR 2001 SC 2695 : (2001) 4 JT 367 : (2001) 10 SCC 742 : (2001) AIRSCW 2500 : (2001) 4 Supreme 532 SUPREME COURT OF INDIA PADIKAL MADAPPA…