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India

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Sec.14 B and Sec.17 B of EPF Act – Damages under sec.14 B are recoverable jointly and severally from Saroda Tea Company Ltd. as well as Everaeady Industries (India ) Ltd Now Mcleod Russel India Ltd – Apex court up held that The Special Bench of the High Court of Calcutta in Dalgaon Agro Industries Ltd. has rendered a detailed judgment on the conundrum before us. Succinctly stated, the Special Bench has opined that (a) the transferor and the transferee managements remain jointly and severally liable under Sections 14B and 17B of the Act for all sums due including damages; and dismissed the appeal = MCLEOD RUSSEL INDIA LIMITED ….. APPELLANT vs REG. PROVIDENT FUND COMMISSIONER, JALPAIGURI & ORS. ….. RESPONDENTS = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41734

Sec.14 B and Sec.17 B of EPF Act – Damages under sec.14 B are recoverable jointly and severally from Saroda Tea Company Ltd. as well as Everaeady Industries (India ) Ltd Now Mcleod  Russel India Ltd – Apex court up held that The Special Bench of the  High  Court  of  Calcutta  in  Dalgaon  Agro Industries Ltd. has rendered … Continue reading

PIL- using public funds for advertising in a manner so as to project the personalities, parties or particular governments and for laying down binding guidelines – DAVP guidelines not suitable to deal with situation – Apex court appointed a committee to that effect = Common Cause …. Petitioner (s) Versus Union of India …. Respondent(s)= 2014 ( April.Part ) judis.nic.in/supremecourt/filename=41450

PIL- using  public  funds  for  advertising  in  a manner  so  as  to  project  the  personalities,   parties   or   particular governments and for laying down binding guidelines – DAVP guidelines not suitable to deal with situation – Apex court appointed a committee to that effect =  These petitions have  been  brought  as  a  class  action  by  certain  registered societies viz., Common Cause  and … Continue reading

Indian Port Act sec. 34 – 2011 Policy – Except Licence , no lease, sale etc., – Since it is Licence – there is no right of renewal – Writ filed for renewal licence etc.,was dismissed by the High court – Apex court confirmed the same – Constitutional court in either granting or declining to grant a relief in exercise of its jurisdiction under Article 136 can take note of developments either of fact or law which leave an impact on the rights and obligations of parties before the Court = Apex court dismissed the SLPs = = Yazdani International P. Ltd. …Appellant Versus Auroglobal Comtrade P. Ltd. & Ors. …Respondents = published in judis.nic.in/supremecourt/filename=41117

Indian Port Act  sec. 34 – 2011 Policy – Except Licence  , no lease, sale etc., – Since it is Licence – there is no right of renewal – Writ filed for renewal licence etc.,was dismissed by the High court – Apex court confirmed the same – Constitutional court  in  either  granting  or declining to grant a … Continue reading

Bar Council Elections for the post of Chairmen – Single judge declared the appellant as winning candidate – D.B. reversed – Apex court order for fresh elections by setting aside the orders of DB bench as the rules not framed properly = Yogendra Singh Tomar … Appellant Versus Bar Council for Uttarakhand and others …Respondents= Published in /Cited in / Reported in judis.nic.in/supremecourt/filename=41099

Bar Council Elections for the post of Chairmen – Single judge declared the appellant as winning candidate – D.B. reversed – Apex court order for fresh elections by setting aside the orders of DB bench as the rules not framed properly  =  Thereafter, the  learned  single  Judge  allowed  the  writ  petition  by    holding that … Continue reading

Land Acquisition Act – enhancement of Market value – by applying principle of 12% increase per year on the market value as the 12% per annum increase which courts have often found to be adequate in compensation matters hardly does justice to those land owners whose land have been acquired as judicial notice can be taken of the fact that the increase is not 10 or 12 or 15% per year but is often upto 100% a year for land which has the potential of being urbanized and commercialized such as in the present case.” – Apex court enhanced the compensation = Kashmir Singh …Appellant(s) Vs. State of Haryana & Ors. …Respondent(s) = published in judis.nic.in/supremecourt/filename=41088

Land Acquisition Act – enhancement of Market value – by applying principle of 12% increase per year  on the market value as the  12%  per  annum increase  which  courts  have  often  found  to  be  adequate  in compensation matters hardly does justice  to  those  land  owners whose land have been acquired as judicial notice can be taken  of the fact that … Continue reading

Sec.59,100 of T.P. Act Charge – Deposit of Title Deeds – Mortgage – mere undertaking not to sale the property till the discharge of loan with out registration does not create any charge over the properties of JDr against the loan – the decree is only simple money decree – Suit for cancellation of decree obtained by wife against Jdr – is liable to be dismissed even though the decree is collusive one as the Finance Corporation does not hold Registered Charge over the properties = =Haryana Financial Corporation …. Appellant Verses Gurcharan Singh & Anr. …. Respondents = Published in judis.nic.in/supremecourt/filename=41086

Sec.59,100 of T.P. Act Charge – Deposit of Title Deeds – Mortgage – mere undertaking not to sale the property till the discharge of loan with out registration does not create any charge over the properties of JDr against the loan – the decree is only simple money decree – Suit for cancellation of decree … Continue reading

Tamil Nadu Teacher Eligibility Test (TNTET) -2013 Notification/Advertisement No.13/2013 dated 22nd May, 2013 – fixing cut off marks at 60% with out considering communal basis reservations- Writ petition to quash the notification as unconstitutional – High court rejected the writ as it is a matter of policy , court’s have no business to interfere – Apex court confirmed the same and dismissed the SLP = Prof. A. Marx. …. Petitioner Verses Government of Tamil Nadu & Anr. …. Respondents = Published in judis.nic.in/supremecourt/filename=41085

Tamil Nadu Teacher Eligibility  Test  (TNTET)  -2013 Notification/Advertisement No.13/2013 dated 22nd May,  2013  – fixing cut off marks at 60%  with out considering communal basis reservations- Writ petition to quash the notification as unconstitutional – High court rejected the writ as it is a matter of policy , court’s have no business to interfere – Apex court … Continue reading

Service matter – Caste certificate – Schedule Tribe Halba – the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short, ‘2000 Act’) – Termination of service – Tribunal reinstated as they shall not get any benefit of reservation after 28.11.2000 as per Act but not retrospective – single judged confirmed the same – D.B bench negatived the same basing on Dattatreya 3 bench judge of Apex court – Apex court held that since Dattatreya not overruled the number of judgments of two benches of Apex court who order for reinstatement when there was no fraud on the employee in getting job on reservation and obtaining caste certificate – and as the Dattaterya case was based only on the fraud played by employee in obtaining caste certificate – Apex court set aside the D.B. bench high court judgment and order for reinstatement with a clause that she will not get any promotions on the base of reservation as mentioned in Maharashtra Act 2000 = Shalini …..Appellant Versus New English High Sch. Assn. & Ors. …..Respondents = published in judis.nic.in/supremecourt/filename=41077

Service matter – Caste certificate – Schedule Tribe Halba –   the Maharashtra Scheduled Castes, Scheduled  Tribes, De-notified  Tribes,  (Vimukta  Jatis)  Nomadic  Tribes,   Other   Backward Classes and Special Backward  Category  (Regulation  of Issuance and Verification of) Caste Certificate Act,  2000  (for short, ‘2000 Act’) – Termination of service – Tribunal reinstated as they shall not get any benefit … Continue reading

Arbitration and conciliation Act – Disputes between the parties – whether to send it for expert opinion or to arbitrator – High Court instead of deciding issue whether there is any arbitration clause or not-open the issue on merits of disputes – billing – date of billing – billing disputes etc., and appointed arbitrator – Apex court set aside the orders of high court to that extent of opening of issues on merits as it should be decided by the Arbitrator but not by the court = Arasmeta Captive Power Company Private Limited and another … Appellants Versus Lafarge India Private Limited …Respondent = published in / cited in / Reported in judis.nic.in/supremecourt/filename=41075

Arbitration and conciliation Act – Disputes between the parties whether to send it for expert opinion or to arbitrator – High Court instead of deciding issue whether there is any arbitration clause or not-open the issue on merits of disputes – billing – date of billing – billing disputes etc., and appointed arbitrator – Apex court set aside the … Continue reading

Deaf & Dumb persons – transport allowance on par with other Blind & Orthopedically handicapped government employees – writ for directions to Governments of central and state – Apex court allowed the same = Deaf Employees Welfare Association & Another .. Petitioners Versus Union of India & Others .. Respondents = Published in / Cited in / Report in judis.nic.in/supremecourt/filename=41072

Deaf & Dumb persons – transport allowance on par with other Blind & Orthopedically handicapped government employees – writ for directions to Governments of central and state – Apex court allowed the same =      This  Writ  Petition  has  been   preferred   by   two   Associations representing the Deaf and Dumb persons … Continue reading

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