Punishment : The Supreme Court in the case of S.R. Tewari v. Union of India, (2013) 6 SCC 602, which read as under: The question of interference on the quantum of punishment has been considered by this Court in a catena of judgments and it was held that if the punishment awarded is disproportionate to […]
It is not open to RBI to re-characterise the nature of the payment in terms of the Award to which there is no longer any opposition from Tata, the only party which could possibly oppose its enforcement.
Administrative Law; Gohil Vishvaraj Hanubhai Vs. State of Gujarat [Supreme Court of India, 28-04-2017]
There were allegations of large scale tampering with the examination process. Scrutiny of the answer sheets (OMR) revealed that there were glaring aberrations which provide prima facie proof of the occurrence of a large scale tampering of the examination process.
The instant case portrays the deplorable depravity of the appellant that has led to a heart breaking situation for a young girl who has been compelled to put an end to her life. Therefore, the High Court has absolutely correctly reversed the judgment of acquittal and imposed the sentence.
Writ Petition has been filed seeking a declaration that Rule 10(1) and Rule 10(4)(i) of the Search Committee (Constitution, Terms and Conditions of Appointment of Members and the Manner of Selection of Panel of Names for Appointment of Chairperson and Members of Lokpal) Rules, 2014 framed under the provisions of the Lokpal and Lokayuktas Act, […]
It is not the mandate of the Constitution that in all matters concerning the appointment to various Offices in different bodies, primacy must be accorded to the opinion of the Chief Justice or his nominee.
Whether the formation of the opinion by Ministry of Corporate Affairs, Union of India, to order an investigation by the Serious Fraud Investigation Office (SFIO) into the affairs of the Petitioner Company, in the public interest, is bad in law on account of the insufficiency / inadequacy of the material that forms the basis of […]
If the case is critically evaluated, the Kandla Port Trust (KPT) has not preferred to cancel the allotment of plot, nor it has initiated any proceedings for recovering the excess amount. Even the department has never preferred to initiate any departmental proceedings against the present applicants. There is no material to show that there was […]
The third schedule of ID Act provides for which type of matters fall within the jurisdiction of Industrial Tribunals. It provides as under: MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS 1. Wages, including the period and mode of payment; 2. Compensatory and other allowances; 3. Hours of work and rest intervals; 4. Leave with wages […]
In the present case, there is no finding recorded by the Tribunal that the Contractor is having the paying capacity to pay the wages equivalent to the wages paid to the workmen of the Company. It is not in dispute that the Contractor is making payment of minimum wages to his workmen.
Property Law; Sri Srinivasaiah Vs. H.R. Channabasappa (since dead) by his LRs [Supreme Court of India, 25-04-2017]
The reasoning and the conclusion arrived at by the Trial Court and the High Court while holding that Ex.P-1 is a “mortgage deed by conditional sale” as defined under Section 58(c) of the T.P. Act is just and proper and hence it deserves to be upheld by this Court.
In this case the nature of injury, contradiction about the time of arrival of the eyewitnesses, contradictions between the ocular and medical evidence, non-examination of Police officer who conducted seizure and subsequent improvement by one of the eye witness casts a serious doubt on the prosecution’s case.
Disabilities; Justice Sunanda Bhandare Foundation Vs. Union of India [Supreme Court of India, 25-04-2017]
The States and the Union Territories must realize that under the 2016 Act their responsibilities have grown and they are required to actualize the purpose of the Act, for there is an accent on many a sphere with regard to the rights of the disabilities.
Once the appellant accepts that in law it was liable to pay the duty, even if some of the units have been able to escape payment of duty for certain reasons, the appellant cannot say that no duty should be recovered from it by invoking Article 14 of the Constitution.
The petition for divorce filed by the husband under Section 13 of the Act is decreed and the marriage of the parties solemnized on 13.04.1989 is dissolved by a decree of divorce. The wife shall be entitled to permanent alimony of Rs. 50,00,000/- (Rupees Fifty Lakhs Only) and a residential flat of the value of […]