Power of Review

Common Cause Vs. Union of India and Others[SC 2017 November]

Keywords:- PIL- difference between judicial review and merit review If the Statute provides for consultation with any person before making recommendation for appointment to any post, consultation with that person has to be made. The question of giving primacy to the opinion  expressed by the person with whom the consultation has to be made depends upon… Continue reading Common Cause Vs. Union of India and Others[SC 2017 November]

CIVIL, Service Law

Khilendra Singh Vs. Union of India, Ministry of Agriculture through Secretary & Ors [SC 2017 November]

KEYWORDS:- Backword Class-Jaat caste The Central List of OBCs prepared for the States of Uttar Pradesh in 1993 did not include the "Jaat" caste/ community. The State of Uttarakhand was formed in 2000. By a Resolution passed in 2010, the National Commission for Backward Classes resolved that till the Central List for the State of… Continue reading Khilendra Singh Vs. Union of India, Ministry of Agriculture through Secretary & Ors [SC 2017 November]

CIVIL, Service Law

District Development Officer & ANR. Vs. Satish Kantilal Amrelia [SC 2017 November]

KEYWORDS:-  termination from Service- Compensation -Retrenchment It is trite law that when the termination is found to be illegal because of non-payment of retrenchment compensation and notice pay as mandatorily required under Section 25-F of the Industrial Disputes Act, even after reinstatement, it is always open to the management to terminate the services of that employee… Continue reading District Development Officer & ANR. Vs. Satish Kantilal Amrelia [SC 2017 November]

CIVIL, Recovery of Debt

United Bank of India vs. Satyawati Tondon & Ors[SC 2010 July]

Keywords:- DRT-SARFAESI Act Explained Court must have good and sufficient reason to bypass the alternative remedy provided by statute AIR 2010 SC 3413 : (2010) 7 SCALE 696 : (2010) 8 SCC 110 : (2010) 9 SCR 1 : JT 2010 (7) SC 651 (SUPREME COURT OF INDIA) United Bank of India Appellant Versus Satyawati… Continue reading United Bank of India vs. Satyawati Tondon & Ors[SC 2010 July]

CIVIL, Recovery of Debt

Agarwal Tracom Pvt. Ltd. Vs. Punjab National Bank & Ors.[SC 2017 November]

Keywords:-Bank Loan-DRT-Power under Article 226 while dealing with the petitions involving challenge to the action taken for recovery of the public dues, etc. the High Court must keep in mind that the legislations enacted by Parliament and State Legislatures for recovery of such dues are a code unto themselves inasmuch as they not only contain… Continue reading Agarwal Tracom Pvt. Ltd. Vs. Punjab National Bank & Ors.[SC 2017 November]

CIVIL, Service Law

Raj Balam Prasad & Ors. Vs. State of Bihar & Ors.[SC 2017 November]

keywords:- regularization of appointment- Temporary appointment One cannot dispute that the State has the power to appoint persons for a temporary period under the Act and Rules framed thereunder and once such power was exercised by the State, the status of such appointee continued to be that of temporary employee notwithstanding grant of some extensions… Continue reading Raj Balam Prasad & Ors. Vs. State of Bihar & Ors.[SC 2017 November]

CIVIL

Director of Income Tax, Circle 26(1), New Delhi Vs. S.R.M.B. Dairy Farming Pvt. Ltd.[ SC 2017 November]

The National Litigation Policy expressly stated that the Government must cease to be a compulsive litigant. The philosophy, that the matters should be left to the courts for ultimate decision is to be discarded and the easy approach that "let the court decide", must be eschewed and condemned. November 23, 2017. section 268A of the … Continue reading Director of Income Tax, Circle 26(1), New Delhi Vs. S.R.M.B. Dairy Farming Pvt. Ltd.[ SC 2017 November]

CIVIL

Non- infringement of copyright or Copyright free materials in India

Section 52 , Copyright Act, 1957 52. Certain acts not to be infringement of copyright.— (1) The following acts shall not constitute an infringement of copyright, namely:— (a) a fair dealing with a literary, dramatic, musical or artistic work 1[not being a computer programme] for the purposes of— (i) Private use including research;] (ii) criticism or review, whether… Continue reading Non- infringement of copyright or Copyright free materials in India

CIVIL, JUDGMENTS

Supreme Court of India Judgment Index-1991

1991 Supreme Court of India Judgment Index  January 1991 SHER SINGH V. STATE OF HARYANA & ORS [1991] - 1 (8 January 1991) GRIH KALYAN KENDRA WORKERS' UNION V. UNION OF INDIA & ORS [1991] - 2 (9 January 1991) SUBHASH KUMAR V. STATE OF BIHAR & ORS [1991] - 3 (9 January 1991) SHIVA GLASS WORKS CO. LTD. V. ASSITANT COLLECTOR OF CENTRAL EXCISE & ORS… Continue reading Supreme Court of India Judgment Index-1991

CIVIL

The Limitation Act, 1963 [THE SCHEDULE]

 The Limitation Act 1963 PERIODS OF LIMITATION   [See sections 2(j) and 3] FIRST DIVISION–SUITS Description of suit Period of limitation Time from which period begins to run PART I– SUITS RELATING TO ACCOUNTS 1 For the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties.… Continue reading The Limitation Act, 1963 [THE SCHEDULE]