Cognizance–Taking of–Bar of Limitation–The relevant date for deciding whether the complaint is barred by limitation is the date of the filing of complaint and not issuance of process or taking of cognizance by Court.
2007(5) LAW HERALD (SC) 3960 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Tarun Chatterjee Criminal Appeal No. 942 of 2007…
Equal Pay for Equal Work–No employer and employees relationship existed between them–No question of granting parity in pay scale.
2007(5) LAW HERALD (SC) 3954 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 1587 of…
Doctrine of Merger–Principles enumerated. Acquisition–Exemption obtained by fraud–Recalling of order by High Court after 13 years; justified.
2007(5) LAW HERALD (SC) 3940 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal Nos. 5097-5099…
Reinstatement–Claim found to be stale as it was filed after about 8 years of the alleged order of termination.
2007(5) LAW HERALD (SC) 3938 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 1000…
Surplus land–Post vesting purchaser–Name entered in mutation–Entitled to opportunity of being heard on merits.
2007(5) LAW HERALD (SC) 3935 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 1094…
Select List–Where rules do not specify the validity of select list, the validity of select list should be one year.
2007(5) LAW HERALD (SC) 3930 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No.…
Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.
2007(5) LAW HERALD (SC) 3917 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 3984 of…
Registration of FIR–High Court should discourage the practice of filing a writ petition or petition under Section 482 Cr.P.C. simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police.
2007(5) LAW HERALD (SC) 3910 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 1685 of…
Writ of Mandamus–Courts cannot issue any direction to the Parliament or to the State legislature to enact a particular kind of law.
2007(5) LAW HERALD (SC) 3908 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 478 of 2006…
Gratuity–Where a benefit has been extended by the Authorities under the Act to the workman by recording a finding that the applicant had completed requisite service of 5 years to be eligible to get gratuity–High Court should not interfere with such findings even if another view is possible.
2007(5) LAW HERALD (SC) 3904 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No. 3889 of…