Supreme Court Quarterly Digest 2022- Labour & Service Laws (Jan-March)
2 years, 6 months ago

Supreme Court Quarterly Digest 2022- Labour & Service Laws (Jan-March)

Live Law  

Administrative Law - Natural Justice - Importance of natural justice and an opportunity of hearing to be afforded to the affected party in any administrative or quasi­ judicial proceedings. Jarnail Singh v. Lachhmi Narain Gupta, 2022 LiveLaw 94 Constitution of India, 1950; Article 226 - Appeal against Karnataka High Court judgment which set aside the judgment of the Karnataka Administrative Tribunal directing the compulsory retirement of the respondent employee from service following a disciplinary enquiry on charges of bribery - Allowed - High Court exceeded its jurisdiction under Article 226 and trenched upon a domain which falls within the disciplinary jurisdiction of the employee - The acquittal of the respondent in the course of the criminal trial did not impinge upon the authority of the disciplinary authority or the finding of misconduct in the disciplinary proceeding. Rakesh Kumar v. State of Bihar, 2022 LiveLaw 250 Judicial Service - Appeal against High Court judgment which upheld discharge of a judicial officer - Allowed - Charges filed against the appellant are vague in nature and that absolutely no details have been provided regarding the said allegation of passing the bail order for extraneous considerations/ ulterior motive - Even if appellant's act is considered to be negligent, it cannot be treated as "misconduct" - The appellant be reinstated with all consequential benefits including continuity of service and seniority, but will be entitled to be paid only 50% backwages, which may be paid within a period of four months. Union of India v. Manpreet Singh Poonam, 2022 LiveLaw 254 Promotion - A mere existence of vacancy per se will not create a right in favour of an employee for retrospective promotion when the vacancies in the promotional post is specifically prescribed under the rules, which also mandate the clearance through a selection process - There can never be a parity between two separate sets of rules - A right to promotion and subsequent benefits and seniority would arise only with respect to the rules governing the said promotion, and not a different set of rules which might apply to a promoted post facilitating further promotion which is governed by a different set of rules. Rama Negi v. Union of India, 2022 LiveLaw 236 Promotion - Seniority cum merit - Appeal against High Court judgment that set aside resolution of Cantonment Board in favour of appellant in the matter of promotion to a selection post - Allowed - The unblemished service record of the appellant vis-à-vis the pending disciplinary proceedings against the respondent, were taken into account - The higher pay in the same grade as per the applicable O.M., is a reliable indicator for determining inter-se seniority - All these circumstances in our opinion, weigh in favour of the appellant Rama Negi.

India Karnataka Delhi Disciplinary Proceedings Supreme Court High Court Writ Petition Constitution Labour Maharashtra Natural Justice Civil Services Pensionary Benefits Bank Kerala High Court Union Service Tribunal State High Para Kumar 2022 35 Years Criminal Case Ict Bil Bhagwan Bombay Ida Livelaw Union Of India Umesh Departmental Proceedings Hod Jarnail Singh Labour Court Section 25 Delhi Development Authority Reasonable Doubt Para 28 Umadevi Para 29 Narender Kumar Manju Arora High Court Judgment Devina Sharma Such Autonomous Bodies Quantifiable Data Lachhmi Narain Gupta Manpreet Singh Poonam Para 37 Macp Dcrg Rama Negi Bombay Chemical Industries Oil Field Employees Association Deputy Labour Commissioner Court Quarterly Naushad Rahman  2022  high  janmarch  v  court  quarterly  service  livelaw  union  para  supreme  labour  india  sc  digest  laws

History of this topic

Supreme Court Annual Digest 2024 - Advocates & Bar Councils
Trending News
4 days, 1 hour ago

Supreme Court Annual Digest 2024 - Advocates & Bar Councils

Live Law  

Advocate Advocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Gaurav Kumar v. Union of India, 2024 LiveLaw 519 : AIR 2024 SC 5338 Expunging of adverse judicial remarks against an advocate - The Supreme Court set aside interim orders passed by the High Court …

Karnataka High Court Monthly Digest: December 2024 [Citations: 490 - 532]
Trending News
4 days, 6 hours ago

Karnataka High Court Monthly Digest: December 2024 [Citations: 490 - 532]

Live Law  

Citation 2024 LiveLaw 490 to 2024 LiveLaw 532 Nominal Index Union of India & Others AND Government of Karnataka & Others. The fact that the deceased was travelling in the train is not in dispute, but only mistakenly he traveled beyond destiny and also the Apex Court in the Prabhakaran's case also held that principles of strict liability applies, the …

Supreme Court Weekly Round-up: December 30, 2024 To January 05, 2025
5 days, 5 hours ago

Supreme Court Weekly Round-up: December 30, 2024 To January 05, 2025

Live Law  

Index Citations Union of India & Ors. Case Details: Shri Mukund Bhavan Trust and Ors v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle and Another, Arising out of SLP No.18977 of 2016) Citation: 2024 LiveLaw 1041 The Supreme Court set aside an order passed by the High Court of Bombay dated April 26, 2016. The bench comprising Justice Dipankar Datta …

Supreme Court Monthly Round-up: December 2024
Top News
1 week ago

Supreme Court Monthly Round-up: December 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that “the notification whereby, a buttondar knife having blade dimensions …

Supreme Court Monthly Round-up: December 2024
Top News
1 week ago

Supreme Court Monthly Round-up: December 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that “the notification whereby, a buttondar knife having blade dimensions …

Bombay High Court Weekly Round-Up: December 23 - December 29, 2024
1 week, 5 days ago

Bombay High Court Weekly Round-Up: December 23 - December 29, 2024

Live Law  

Citations: 2024 LiveLaw 650 to 2024 LiveLaw 654 Nominal Index: Zahid Khamisa vs. State of Maharashtra & Anr, 2024 LiveLaw 650 Imperial Consultants and Securities vs. Deputy CIT, 2024 LiveLaw 651 Shri Saibaba Sansthan Trust vs. Union of India, 2024 LiveLaw 652 Nav Chetna Charitable Trust vs, CIT, 2024 LiveLaw 653 Chandrabhan Atulkar v. MOIL Ltd., 2024 LiveLaw 654 Judgments/Final …

Filing Of Repeated, Identical Petitions Is A Serious Menace To Administration Of Justice: Rajasthan HC Imposes Costs On Petitioners
2 weeks ago

Filing Of Repeated, Identical Petitions Is A Serious Menace To Administration Of Justice: Rajasthan HC Imposes Costs On Petitioners

Live Law  

Rajasthan High Court imposed symbolic cost of Rs. Otherwise, the doors of justice would be shut to legitimate causes simply by the weight of undeserving cases which flood the system… Every litigation has to come to an end at some point of time and similar and identical litigation cannot be allowed to flourish again and again for the luxury of …

Supreme Court Weekly Round-up: December 16, 2024 To December 22, 2024
2 weeks, 4 days ago

Supreme Court Weekly Round-up: December 16, 2024 To December 22, 2024

Live Law  

Index Citations New India Assurance Co. Ltd. v. Velu & Anr. The court reduced the death sentence of the accused to a sentence of imprisonment for 25 years as “the present is not a case where it can be said that the possibility of reformation is completely ruled out.” Case Details: Ayub Khan v. State of Rajasthan Citation: 2024 LiveLaw …

Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024
3 weeks, 5 days ago

Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024

Live Law  

Index Citations Kunhimuhammed @ Kunheethu v. State of Kerala 2024 LiveLaw 964 National Highways Authority of India v. G Athipathi and Others, Civil Appeal No. Case Details: Kirpal Singh v. Government of India Citation: 2024 LiveLaw 970 The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996. Case …

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC
3 weeks, 6 days ago

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC

Live Law  

Emphasising that the assessment of an employee's worth and suitability must be left to the employer's bona fide decision the Jammu and Kashmir and Ladakh High Court has observed that the suitability of an individual for a particular post and administrative exigencies cannot be scrutinized by courts. courts cannot interfere with the orders of transfer and substitute their own decision …

Rajasthan High Court Monthly Digest: November 2024
4 weeks ago

Rajasthan High Court Monthly Digest: November 2024

Live Law  

Citations: 2024 LiveLaw 328 To 2024 LiveLaw 377 NOMINAL INDEX Jakir Khan v State of Rajasthan & Anr. Title: Banwari Lal Kushwah v State of Rajasthan Citation: 2024 LiveLaw 334 Rajasthan High Court allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480 BNSS, since the trial did not conclude within …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
1 month ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

Supreme Court Monthly Round-up: November 2024
1 month, 1 week ago

Supreme Court Monthly Round-up: November 2024

Live Law  

Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: Nabha Power Ltd and another v. Punjab State Power Corporation Ltd. Citation: 2024 LiveLaw 861 The Supreme Court held that a press release issued by the Government of India about certain changes in the mega power policy did not constitute 'law' and 'change in law' in terms …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
1 month, 1 week ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

Procedural Orders Cannot Be Considered As Interim Award Or Challenged U/S 34 Of Arbitration Act: Delhi High Court
1 month, 2 weeks ago

Procedural Orders Cannot Be Considered As Interim Award Or Challenged U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Subramonium Prasad has held that a procedural order given by an Arbitral Tribunal, such as rejecting an application seeking impleadment of a party, does not qualify as an interim award. However, that application was rejected by the Arbitral Tribunal and stated that the allegations against Rajesh Kumar Srivastava required evidence and could not …

Infrastructure Of District Courts In Punjab & Haryana Not Disabled Friendly, High Court Asks Building Committees To Take Action
1 month, 3 weeks ago

Infrastructure Of District Courts In Punjab & Haryana Not Disabled Friendly, High Court Asks Building Committees To Take Action

Live Law  

From an affidavit filed by the governments of Punjab and Haryana, the High Court has found that the infrastructure in district courts and sub-district courts in the states are not disabled friendly.Chief Justice Sheel Nagu and Justice Alok Jain observed that, "The charts filed by the State of Punjab as well as State of Haryana reveal that there are several …

Supreme Court Weekly Round-up: November 11, 2024 To November 17, 2024
1 month, 3 weeks ago

Supreme Court Weekly Round-up: November 11, 2024 To November 17, 2024

Live Law  

Nominal Index Citations M/S Crystal Transport Private Limited & Anr. Case Details: XYZ v. State of Gujarat Citation: 2024 LiveLaw 887 The Supreme Court advised High Courts to exercise caution before quashing non-compoundable cases based on settlement between the victim and the accused. Case Details: Som Nath Bharti v. State of Uttar Pradesh The Supreme Court dismissed a petition filed …

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024
Trending News
1 month, 4 weeks ago

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024

Live Law  

Nominal Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: International Seaport Dredging Pvt Ltd v. Kamarajar Port Limited, Civil Appeal No 12097 of 2024 Citation: 2024 LiveLaw 852 The Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the arbitral award amount as a …

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024
Trending News
1 month, 4 weeks ago

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024

Live Law  

Nominal Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: International Seaport Dredging Pvt Ltd v. Kamarajar Port Limited, Civil Appeal No 12097 of 2024 Citation: 2024 LiveLaw 852 The Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the arbitral award amount as a …

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index
2 months ago

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index

Live Law  

Advocate Advocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Devendra Kumar Pal v. State of U.P., 2024 LiveLaw 687 Section 401 - Under Section 401 Cr.P.C., the High Court lacks the authority to convert an acquittal into a conviction in revision proceedings. Omkar Ramchandra …

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index
2 months ago

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index

Live Law  

Advocate Advocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Devendra Kumar Pal v. State of U.P., 2024 LiveLaw 687 Section 401 - Under Section 401 Cr.P.C., the High Court lacks the authority to convert an acquittal into a conviction in revision proceedings. Omkar Ramchandra …

High Court Rejects Plea to Dismiss Murder Case, Says Prosecution Must Follow Due Process
2 months, 1 week ago

High Court Rejects Plea to Dismiss Murder Case, Says Prosecution Must Follow Due Process

Live Law  

The Karnataka High Court has ruled that a complaint for an offence punishable under Section 138 of the Negotiable Instruments Act would be maintainable, notwithstanding the civil suit filed for recovery of the money. The court also held that initiating prosecution under Section 304-A (causing death by negligence) of the Indian Penal Code, against the owners/manager of a factory is …

SC asks Centre to apprise about compliance of 2021 verdict on welfare measures for migrant workers
4 months, 1 week ago

SC asks Centre to apprise about compliance of 2021 verdict on welfare measures for migrant workers

The Hindu  

The Supreme Court on Monday asked the Centre to file an affidavit giving details about compliance of its 2021 judgement and subsequent directions on providing ration cards and other welfare measures to the migrant workers. The Supreme Court, in June 29, 2021 judgement and subsequent orders, had passed a slew of directions to the authorities asking them to undertake welfare …

Punjab & Haryana High Court Weekly Round-Up: July 22 - July 28, 2024
5 months, 1 week ago

Punjab & Haryana High Court Weekly Round-Up: July 22 - July 28, 2024

Live Law  

Nominal Index Manpreet Kaur v. State of Punjab 2024 LiveLaw 166Mrs. 2024 LiveLaw 169 Gurpreet Singh Sabharwal v. State of Haryana and others 2024 LiveLaw 170 Ritu v. State of Haryana & Ors 2024 LiveLaw 171 Vikram Bajaj v. Union of India and others 2024 LiveLaw 172 XXX v. XXX 2024 LiveLaw 173 Bhupesh Kumar @ Happy v. State of …

Kanwar Yatra: SC extends interim stay on directives issued by UP, U'khand, MP on eateries
5 months, 2 weeks ago

Kanwar Yatra: SC extends interim stay on directives issued by UP, U'khand, MP on eateries

Deccan Chronicle  

New Delhi: The Supreme Court on Friday extended the interim order staying the directives issued by the Uttar Pradesh and Uttarakhand governments, which mandated eateries along the Kanwariya pilgrim route to display the names of their owners and staff. Deputy advocate general for Uttarakhand Jatinder Kumar Sethi clarified that the state had not issued any specific order related to the …

Supreme Court Weekly Digest With Subject /Statute Wise Index [May 11 to 20]
5 months, 4 weeks ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [May 11 to 20]

Live Law  

Citations 2024 LiveLaw 391 to 2024 LiveLaw 414 Arbitration and Conciliation Act, 1996 Withdrawal of arbitrator – An Arbitrator always has the option to withdraw for any reason. Shaji Paulose v. Institute of Chartered Accountants of India, 2024 LiveLaw 397 Code of Civil Procedure, 1908 Order XXXIII and Order XLIV – Suits by indigent persons and appeals by indigent persons …

Supreme Court Weekly Digest With Subject /Statute Wise Index [May 11 to 20]
6 months ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [May 11 to 20]

Live Law  

Citations 2024 LiveLaw 361 to 2024 LiveLaw 390 Guidelines for Prevention of Misleading Arbitration and Conciliation Act, 1996 Arbitration and Conciliation Act, 1996; Section 34 & 37 – Interference in arbitral award has limited scope under Section 34 and 37 – As far as the construction of the terms of a contract is concerned, it is for the Arbitral Tribunal …

Calcutta High Court Weekly Round-Up: 24th June To 30th June
6 months, 1 week ago

Calcutta High Court Weekly Round-Up: 24th June To 30th June

Live Law  

NOMINAL INDEXIn the matter of: Christian Mac Durand 2024 LiveLaw 149Saila Ghosh Versus State of West Bengal 2024 LiveLaw 150VHP Dakshinbanga v Union of India 2024 LiveLaw 151Uphealth Holdings, INC. vs Dr. Syed Sabahat Azim & Ors. NOMINAL INDEX In the matter of: Christian Mac Durand 2024 LiveLaw 149 Saila Ghosh Versus State of West Bengal 2024 LiveLaw 150 VHP …

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests
6 months, 2 weeks ago

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests

Live Law  

The Supreme Court on Monday dismissed a petition filed by the Haryana Staff Selection Commission against a judgment of the Punjab and Haryana High Court setting aside a 2022 Notification that granted 5% additional marks to domiciles of Haryana in recruitment to certain posts based on "socio-economic" criteria. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing …

Supreme Court To Hear On Jun 24 Haryana SSC's Plea Against Quashing Of Notification Granting 5% Addl Marks To State Domiciles In CET
6 months, 3 weeks ago

Supreme Court To Hear On Jun 24 Haryana SSC's Plea Against Quashing Of Notification Granting 5% Addl Marks To State Domiciles In CET

Live Law  

The Supreme Court today posted to June 24 pleas filed by the Haryana Staff Selection Commission against setting aside of a 2022 notification which granted 5% additional marks to domiciles of Haryana in recruitment to certain posts based on a "socio-economic" criteria.The vacation bench of Justices Vikram Nath and SVN Bhatti was dealing with Haryana SSC's challenge to a judgment …

Labour & Service Weekly Roundup: 03rd June 2024 To 09th June 2024
7 months ago

Labour & Service Weekly Roundup: 03rd June 2024 To 09th June 2024

Live Law  

Delhi High Court Not Allowing Representation By A Defence Assistant Is Violative Of Principles Of Natural Justice: Delhi High Court Case Name- Delhi Transport Corporation Vs Ram Avatar Sharma A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh in the case of Delhi Transport Corporation Vs Ram Avatar Sharma has held that a person …

Karnataka High Court Weekly Roundup: May 27 - June 02, 2024
7 months, 1 week ago

Karnataka High Court Weekly Roundup: May 27 - June 02, 2024

Live Law  

Citations: 2024 LiveLaw 233 To 2024 LiveLaw 242 Nominal Index: M Govinda Bhat & ANR AND The Deputy Commissioner and District Magistrate and District Election Officer & others. Needless to observe that Regulation 25 of the KSRTC Regulations, 1971 also mandates to refer to the past conduct and history sheet of the workman.” Karnataka High Court Waives Compulsory Rural Service …

Supreme Court Monthly Digest April 2024
7 months, 1 week ago

Supreme Court Monthly Digest April 2024

Live Law  

Citations 2024 LiveLaw 269 to 2024 LiveLaw 339 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Shivani Tyagi v. State of U.P., 2024 LiveLaw 333 Section 439 and National Investigation Agency Act, 2008; Section 21 – Jurisdiction of High Court to entertain Bail application – The jurisdiction …

Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court
7 months, 2 weeks ago

Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Sanjay Vashisth held that in the absence of any material in the shape of the affidavit, showing the need for the transfer of the workman from the original place to a new place, it cannot be termed that the decision taken by the Management is fair one and beyond any doubt. …

Punjab & Haryana High Court Weekly Round-Up: May 6 – May 12, 2024
7 months, 3 weeks ago

Punjab & Haryana High Court Weekly Round-Up: May 6 – May 12, 2024

Live Law  

Nominal Index Neeraj Bhardhwaj v. State of Haryana & Ors. Citation: 2024 LiveLaw 150 Bhupinder Singh Hooda v. State of Haryana and others Citation: 2024 LiveLaw 151 Vijender v. State of Haryana Citation: 2024 LiveLaw 152 Reports 'Can Only Imagine Plight Of Students Being Taught By Unqualified Persons': Punjab & Haryana HC Calls For Action Against Profs Without Minimum UGC …

Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court
7 months, 3 weeks ago

Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court

Live Law  

The Supreme Court affirmed the Bombay High Court's order that the writ petitions filed by employees against Air India Limited would no longer be maintainable due to AIL's subsequent privatisation. The judgment orally pronounced by the Bench of Justices BR Gavai and Sandeep Mehta stated: “In wake of discussion made hereinabove, we do not find any reason to take a …

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
8 months ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

Live Law  

SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 Citations 2024 LiveLaw 269 to 2024 LiveLaw 290 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Pankaj Singh v. State of Haryana, 2024 LiveLaw 274 Criminal procedure Code 1973; Section 439 and National Investigation Agency Act, 2008; Section 21 …

The Complete Supreme Court Annual Digest- 2023 [Part-XV]
8 months ago

The Complete Supreme Court Annual Digest- 2023 [Part-XV]

Live Law  

Section 279 - Rash driving or riding on a public way Penal Code, 1860; Sections 279, 304A – Motor Accident Case – Reduction of sentence of convict – Object of Indian Penal Code is to punish offenders for offences under the act – Indian Penal Code punitive and deterrent – Corrective measures ought to be recognised while sentencing convict but …

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court
8 months, 1 week ago

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court

Live Law  

The Karnataka High Court single bench of Justice Shivashankar Amarannavar held that the right to claim interest could be considered a pre-existing right or benefit only if explicitly determined in the contract of employment or in the resolutions governing service conditions. Furthermore, the bench held that an application under Section 33C of the Industrial Disputes Act, 1947 in the Labour …

Supreme Court Imposes Rs 5 Lakhs Cost On Union Govt, Cautions Against Filing Frivolous Petitions In Future
8 months, 2 weeks ago

Supreme Court Imposes Rs 5 Lakhs Cost On Union Govt, Cautions Against Filing Frivolous Petitions In Future

Live Law  

The Supreme Court recently imposed a cost of Rs. 5,00,000/ on the Union of India challenging an order passed by the Meghalaya High Court based on the Union's own concession that a previous decision covered the matter. Deprecating the Union's move to challenge the High Court's order, the Supreme Court recorded that this was a “sheer abuse of the process …

The Complete Supreme Court Annual Digest- 2023 [Part-IX]
8 months, 3 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-IX]

Live Law  

CRZ Notification CRZ Notification 2011: Storage facility for edible oil not allowed outside port area; Supreme Court affirms quashing of post-facto clearance. High Court Bar Association v. Union of India, 2023 LiveLaw 276 : 2 SCC 536 Supreme Court affirms mandatory e-filing in DRTs & DRATs, says other courts should replicate it. Subhash Desai v. Principal Secretary, Governor of Maharashtra, …

Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court
8 months, 4 weeks ago

Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court

Live Law  

The Allahabad High Court has held that a termination of a contractual employee by the employer in terms of the conditions of the contract or their violation cannot be adjudicated upon by the High Court under Article 226 of the Constitution of India as there cannot be a violation of Article 14 or Article 16 where the terms of the …

Bombay High Court Monthly Digest: March 2024
9 months ago

Bombay High Court Monthly Digest: March 2024

Live Law  

Nominal Index Maharashtra State Electricity Distribution Company Ltd. v. Ramchandra s/o. “It would be necessary to video record any proceeding relating to the Scheduled Castes and Scheduled Tribes Act 1989 even though the proceedings are held in open court.Hearing of a bail application under section 14-A of the Scheduled Castes and Scheduled Tribes Act 1989 is a 'judicial proceeding' as …

Indirect Tax Cases Weekly Round-Up: 31 March To 6 April 2024
9 months ago

Indirect Tax Cases Weekly Round-Up: 31 March To 6 April 2024

Live Law  

Delhi High Court Case Title: Jetibai Grandsons Services India Pvt Ltd Versus Union Of India & Ors. Case Title: Blackberry India Pvt Ltd -Earlier Known As Research In Motion India Pvt Ltd Versus The Commissioner CGST The Delhi High Court has held that the department cannot, after being unsuccessful before this Court on its own, declare the refund of the …

The Complete Supreme Court Civil Digest 2023
9 months, 3 weeks ago

The Complete Supreme Court Civil Digest 2023

Live Law  

Abortion Foetus has no separate identity from its mother; Women can't be forced to undergo pregnancy at risk of physical and mental trauma. Indira Jaising v. Supreme Court of India, 2023 LiveLaw 425 : AIR 2023 SC 3009 : 8 SCC 1 Supreme Court Constitution Bench upholds the validity of All India Bar Examination - Recongizes the right of Bar …

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 25 to 29]
10 months ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 25 to 29]

Live Law  

Abuse of Process of Law Special Leave Petitions - Several matters, wherein the special leave petitions are filed either against the order seeking adjournment or the order issuing notices or grant/refusal of interim protections. High Court Bar Association Allahabad v. State of Uttar Pradesh, 2024 LiveLaw 177 Contract Act, 1872 Contract Act, 1872; Section 182 - Distributor, not agent: independent …

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 12 to 18]
10 months, 2 weeks ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 12 to 18]

Live Law  

Administrative Law Recruitment - Reserved Female Category - Non-Creamy Layer - The Appellant i.e., a candidate who was scrupulously following the terms and conditions of the Impugned Acquittal Appeal from acquittal – Principles of deciding – Appreciation of evidence is the core element of a criminal trial and such appreciation must be comprehensive i.e. Directorate of Enforcement v. Niraj Tyagi, …

Supreme Court Annual Digest 2023 - Consumer Law
11 months, 1 week ago

Supreme Court Annual Digest 2023 - Consumer Law

Live Law  

A pedantic and hyper-technical approach would cause damage to the very concept of consumerism. 2023 LiveLaw 442 Amend Consumer Protection Rules on appointment process of commission members within 3 months : Supreme Court to Centre, States. 2023 LiveLaw 902 Consumer Protection Rules, 2020 - Rule 3 prescribed a minimum professional experience of 20 years for consideration to appointment of members …

Orissa High Court Weekly Round-Up: January 15 To January 21, 2024
11 months, 2 weeks ago

Orissa High Court Weekly Round-Up: January 15 To January 21, 2024

Live Law  

Nominal Index: Jaga @ Jagabandhu Mohalik v. State of Orissa, 2024 LiveLaw 4 Sk. v. Principal Commissioner, GST & Central Excise, Bhubaneswar, Odisha, 2024 LiveLaw 9 Judgments/Orders Reported This Week: Mere 'Absconding' Not Conclusive Proof Of Guilt Against Accused In Cases Of Murder: Orissa High Court Case Title: Jaga @ Jagabandhu Mohalik v. State of Orissa Citation: 2024 LiveLaw 4 …

Job Predominant Source Of Livelihood, Snatching It Away Offends Fundamental Right To Life: Karnataka High Court On Dismissal Sans Inquiry
11 months, 3 weeks ago

Job Predominant Source Of Livelihood, Snatching It Away Offends Fundamental Right To Life: Karnataka High Court On Dismissal Sans Inquiry

Live Law  

The Karnataka High Court has said that Grama Panchayat cannot dismiss an employee only if a criminal case is registered against him. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the appeal filed by Attikaribettu Grama Panchayath challenging a Single Judge's order whereby one Ganesha's dismissal from service was set aside with a …

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