Latest Post

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.

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Section – 2A, 16 – Creation of short-term licences – There is, a rider to it that intimation of the grant of such licence shall be given to the District Magistrate jointly by the licensor and the licensee within one month from the date of occupation of the building or a part thereof –

  (1998) 9 JT 124 : (1998) 9 SCC 208 SUPREME COURT OF INDIA KAMLA DEVI — Appellant Vs. USHA SINGH AND ANOTHER — Respondent ( Before : S. P.…

The order of acquittal recorded by the High Court is wholly unwarranted and unjustified. The prosecution has proved the case against the accused-Respondents beyond reasonable doubt – Court set aside the judgment passed by the High Court and confirm the conviction and sentences recorded by the Learned Additional Sessions Judge.

  (1996) 4 SCALE 385 : (1996) 9 SCC 18 SUPREME COURT OF INDIA STATE OF M.P. — Appellant Vs. MOHANLAL AND OTHERS — Respondent ( Before : G. N.…

Evidence Act, 1872 — Section 45 — Examination of expert of typewriting and identification of the typewriter — Scientific study of certain significant features of the typewriter peculiar to a particular typewriter and its individuality can be studied by an expert having professional skill in the subject and, therefore, the opinion of the typewriter expert is admissible under Section 45 of the Act.

  AIR 1996 SC 1491 : (1996) 2 JT 186 : (1996) 2 SCALE 37 : (1996) 2 SCC 428 SUPREME COURT OF INDIA STATE THROUGH CBI — Appellant Vs.…

There is no element of compensation involved and, therefore, the High Court was right in the view that it took, namely, that the assessee was not entitled to a deduction under Section 37(1) of the Income-tax Act in respect of the amounts that it had been required to pay under the provisions of Section 17(3) – Appeals allowed.

  (1997) 142 CTR 137 : (1997) 225 ITR 383 : (1997) 10 SCC 659 : (1997) 105 STC 188 SUPREME COURT OF INDIA MALWA VANASPATI AND CHEMICAL CO. —…

You missed