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 … 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 … Continue reading
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 – 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 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 – 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
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 – 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 – 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