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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.

Activities of appellant fall under Section 24 of Maharashtra Control of Organised Crimes Act, 1999 for which maximum punishment is three years – Appellant has already been in prison for 2 years and 9 months – Having regard to nature of involvement alleged and role attributed to appellant in charge-sheet, it is a fit case for grant of bail to the appellant – Appellant directed to be released on bail.

AIR 2006 SC 3403 : (2006) 12 JT 508 : (2006) 9 SCALE 384 : (2006) AIRSCW 5151 : (2006) 7 Supreme 533 SUPREME COURT OF INDIA MOHAMMAD CHAND MULANI…

Although, Court has requisite jurisdiction to formulate a substantial question of law at a subsequent stage which was not formulated at the time of admission of second appeal but requirements laid down in Proviso appended to Section 100 are required to be met – High Court did not deal with substantial questions of law formulated at the time of admission at all – Impugned judgment cannot be sustained – Appeal allowed.

  AIR 2009 SC 1481 : (2009) 1 CTC 376 : (2009) 1 JT 244 : (2009) 1 SCALE 89 SUPREME COURT OF INDIA U.R. VIRUPAKSHAIAH — Appellant Vs. SARVAMMA…

Penal Code, 1860 (IPC) – Section 376 – Disclosure of identity of victim – Permissibility – Section 228 – A of the Indian Penal Code, 1860 (IPC) makes disclosure of identity of victim of certain offences punishable. Printing or publishing name of any matter which may make known the identity of any person against whom an offence under Sections 376, 376 – A, 376 – B, 376 – C, or 376 – D is alleged or found to have been committed can be punished

  AIR 2003 SC 4684 : (2004) CriLJ 1 : (2003) 2 JT 493 Supp : (2003) 8 SCALE 735 : (2003) 8 SCC 551 : (2003) 4 SCR 792…

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