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Service matter – dismissed from service – claim for superannuation benefits – Since the order speaks that he was removed from service with superannuation benefits as would be due other wise and with out disqualification from future employment – Tribunal – High court rightly held that he is entitled for the same – Apex court confirmed the same = BANK OF BARODA …. APPELLANT Versus S.K. KOOL(D)THROUGH LRS.AND ANR. …. RESPONDENTS = Published in / Cited in / Reported in judis.nic.in/supremecourt/filename=41066
Service matter – – dismissed from service – claim for superannuation benefits – Since the order speaks that he was removed from service with superannuation benefits as would be due other wise and with out disqualification from future employment – Tribunal – High court rightly held that he is entitled for the same – Apex court confirmed the same = … Continue reading
Land Acquisition act -10% escalation of price- the mode of determining the market value by providing appropriate escalation over the proved market value of nearby lands in previous years (as evidenced by sale transactions or acquisitions), where there is no evidence of any contemporaneous sale transactions or acquisitions of comparable lands in the neighbourhood. The said method is reasonably safe where the relied-on sale transactions/acquisitions precede the subject acquisition by only a few years, that is, up to four to five years. Beyond that it may be unsafe, even if it relates to a neighbouring land. = Apex court enhanced the compensation and in respect of damages remanded the case to trail court for fresh disposal after recording evidence = Himmat Singh and others ….Appellants versus State of M.P. and another ….Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41039
Land Acquisition act -10% escalation of price– the mode of determining the market value by providing appropriate escalation over the proved market value of nearby lands in previous years (as evidenced by sale transactions or acquisitions), where there is no evidence of … Continue reading
Use of excess police power on peaceful pro-testators is against law and is an offence The law is now well settled that the State or its functionaries cannot deprive any person of his life which includes right to live with human dignity except in accordance with law. whether petitioners have made out a case that their fundamental right to live with human dignity guaranteed by Article 21 of the Constitution of India has been invaded, atleast prima facie, so as to direct for an independent investigation/enquiry so that the perpetrators may not get away scot free if petitioners’ case is found true. = BEENU RAWAT & ORS … PETITIONERS VS. UNION OF INDIA & ORS. … RESPONDENTS = published in http://www.supremecourtofindia.nic.in/outtoday/wc446.pdf
Use of excess police power on peaceful pro-testators is against law and is an offence The law is now well settled that the State or its functionaries cannot deprive any person of his life which includes right to live with human dignity except in accordance with law. whether petitioners have made out a case that their … Continue reading
Service matter = Employer can refix the pay and recover the same from Employee when pay was fixed wrongly by mistake with out considering the rules and regulations in fixation of pay of Re-Employed pensioner = U.T. CHANDIGARH & ORS. …APPELLANTS VERSUS GURCHARAN SINGH & ANR. …RESPONDENTS = Reported in http://judis.nic.in/supremecourt/filename=40951
Employer can refix the pay and recover the same from Employee when pay was fixed wrongly by mistake with out considering the rules and regulations in fixation of pay of Re-Employed pensioner = if any amount had been paid due to mistake, the mistake must be rectified and the amount so paid in pursuance of the mistake must … Continue reading
Or.22, rule 10 C.P.C- In a suit by partnership firm of two partners , when one partner dies pending suit, the suit can be continued by another partner M/s AVK Traders … Appellant Versus Kerala State Civil Supplies Corporation Limited … Respondent = Reported in http://judis.nic.in/supremecourt/filename=40915
Or.22, rule 10 – In a suit by partnership firm of two partners , when one partner dies pending suit, the suit can be continued by another partner despite of non-joining of uninterested legal heirs of deceased partner as the entire interest devolves on the surviving partner as per rule 10 of Or. 22 of … Continue reading
Liability of directors under sec.141 – there must be specific pleadings against the accused to fasten liability under sec.138 of Negotiable Instruments Act – A.K. SINGHANIA … APPELLANT VERSUS GUJARAT STATE FERTILIZER CO. LTD. & ANR. …RESPONDENTS judis.nic.in/supremecourt/filename=40882
Liability of directors under sec.141 – there must be specific pleadings against the accused to fasten liability under sec.138 of Negotiable Instruments Act High court quashed the complaint– Apex court confirm the same = Section 141 of the Act makes the Directors in charge and responsible to Company “for the … Continue reading
Application for registration of trade mark “SHARP” was refused after hearing objection , the application was rejected Hence the appeal – Ans. :- Dismissed = 1. Sunil Grover, Trading as Analog Systems, A-10, Ranjit Nagar, Community Centre, Behind Satyam Cinema, New Delhi 100 008. … Application (Represented by Advocate: Shri Mr. M.K. Miglani) 1. Sharp Kabushiki Kaisha (Sharp Corporation), 22-22 Nagaike-Cho-Abeno-Ku, 545 Osaka, Japan (Add. For service in India Mohan Associates, Ceebros Building,D-4, III Floor, Cenetaph Road, Teynampet-18) 2. Deputy Registrar of Trade Marks, Office of the Trade Marks Registry, Okhla Industrial Estate, New Delhi 110 020. … Respondents (Represented by Advocate: Shri Arun C. Mohan) published in http://www.ipab.tn.nic.in/206-2013.htm
Application for registration of trade mark “SHARP” was refused after hearing objection , the application was rejected Hence the appeal – The appellant are engaged in the business of manufacturing and marketing TV Booster, antenna for TV, two in one and converters for the last many years. In 1974, they honestly and bonafidely adopted a … Continue reading
Deposit of Title Deeds – Registration when requires ? – Mutation of entry in Revenue records about mortgage when arises = STATE OF HARYANA & ORS. Vs. NAVIR SINGH & ANR published in judis.nic.in/supremecourt/filename=40878
Mutation of entry of deposit of title deeds in revenue records when not covered by State Govt. Notification , can not be changed; As per sec.59 of T.P.Act Deposit of title deeds evidenced with separate memorandum requires no Registration = Deposit of title deeds when required to be registered … Continue reading
Sec. 45 Karnataka Land Reforms Act – cultivate tenant = HARSHA V. RAI Vs. STATE OF KARNATAKA & ANR THROUGH LRS published in judis.nic.in/supremecourt/filename=40860
Sec. 45 Karnataka Land Reforms Act – Cultivate tenant – by1st of March, 1974 one must be a cultivating tenant – with out framing proper question , no case is to be determined – Hence the Apex court remanded the case on two counts 1.whether the property said to have been given on lease to … Continue reading
Block listing permanently – not correct= M/s Kulja Industries Limited …Appellant Versus Chief Gen. Manager W.T. Proj. BSNL & Ors. …Respondents= published in judis.nic.in/supremecourt/filename=40855
Block listing permanently – not correct – remanded for fresh determination as per the department guidelines = Paras 31 and 32 of the bid document also, according to the learned counsel, provides for blacklisting only for a “suitable period”. This implies that blacklisting had to be for a … Continue reading
