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 various factors. If there is no Selection Committee and the … Continue reading Common Cause Vs. Union of India and Others[SC 2017 November]

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 Uttarakhand was finalized, the List that was in operation in … Continue reading Khilendra Singh Vs. Union of India, Ministry of Agriculture through Secretary & Ors [SC 2017 November]

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 by paying him the retrenchment compensation. Since such a workman … Continue reading District Development Officer & ANR. Vs. Satish Kantilal Amrelia [SC 2017 November]

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 Tondon and OTHERS Respondent (Before : G. S. Singhvi and … Continue reading United Bank of India vs. Satyawati Tondon & Ors[SC 2010 July]

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 comprehensive procedure for recovery of the dues but also envisage … Continue reading Agarwal Tracom Pvt. Ltd. Vs. Punjab National Bank & Ors.[SC 2017 November]

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 to them for some more period. The grant of extension … Continue reading Raj Balam Prasad & Ors. Vs. State of Bihar & Ors.[SC 2017 November]

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  Income Tax Act SUPREME COURT OF INDIA Director of Income … Continue reading Director of Income Tax, Circle 26(1), New Delhi Vs. S.R.M.B. Dairy Farming Pvt. Ltd.[ SC 2017 November]

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 of that work or of any other work; (aa) the … Continue reading Non- infringement of copyright or Copyright free materials in India

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 [1991] – 4 (11 January 1991) STATE OF UTTAR PRADESH & ANR V. KAUSHAL KISHORE SHUKLA [1991] – 5 (11 … Continue reading Supreme Court of India Judgment Index-1991

The Limitation Act, 1963 [THE SCHEDULE]

 The Limitation Act 1963 PERIODS OF LIMITATION   [See sections 2(j) and 3] The Statute of limitation is a disabling act and action for claiming rights flowing from various laws is barred with lapse of time as indicated in the Limitation Act. Limitation for an action in law, therefore, has to be found within the four corners of the statute. FIRST DIVISION–SUITS Description of suit Period … Continue reading The Limitation Act, 1963 [THE SCHEDULE]