National Pharmaceutical Pricing Authority (NPCA) under the DPCO,1995, – the Drugs (Prices Control) Order (for short, ‘DPCO’) – Fixation of prices /Revised prices of the drugs manufactured & stocked by company by notification – Whether operative in respect of all sales subsequent to 15 days from the date of the notification by the Government in the official gazette/receipt of the price … Continue reading
Section 52 of the Transfer of Property Act 1882. Doctrine of lis pendens is based on legal maxim ‘ut lite pendente nihil innovetur’ (During a litigation nothing new should be introduced). A transferee pendente lite is bound by the decree just as much as he was a … Continue reading
When the appointment of one person held wrong , the other person can not be appointed automatically by way of writ of Mandamus unless in exceptional circumstances = Shivanand challenged the aforesaid selection and appointment in a writ petition filed before the High Court, inter alia, contending that Masters’ Degree in Mathematics will not … Continue reading
High court with out discussing the pleadings- with out assigning valid reasons – cryptically quashed the complaint which was taken cognizance by Lower court by it’s non-speaking orders – Apex court set aside & remanded for afresh disposal = the impugned judgment does not disclose as to how this finding was … Continue reading
Whether there is an arbitration clause in contract agreement – No – aggrieved party remedy is only civil court = Leave granted in SLP (C) Nos. 16117 of 2004, 17147 of 2004, 24655 of 2004, 26073 of 2004, 5951 of 2006, 12552 of 2006, 12553 of 2006, 8597 of … Continue reading
Industrial Disputes Act sec. 25F,25FF sec.25N and Section 17B of I.D. Act – Estopel – Already decided case attained finality – and same was applied with some suitable modifications = Retrenchment of labours temporary having serice of more than 10 years of service with out sufficient notice and with out payment of damages on the trasfer … 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
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40843 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1590-1591 OF 2013 (@ Special Leave Petition (Criminal) Nos.6652-6653 of 2013) Anil Kumar & Ors. ….. Appellants Versus M.K. Aiyappa & Anr. ….. Respondents … Continue reading
REPORTABLE published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40840 IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 154 OF 2013 Selvi J. Jayalalithaa & Ors. …Petitioners Versus State of Karnataka & Ors. …Respondents WITH WRIT PETITION (CRIMINAL) NO. 166 OF 2013 … Continue reading
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40833 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8672 OF 2013 (Arising out of SLP(C) No.17741 of 2007) M/s. Larsen & Toubro Limited & Anr. …… Appellants Versus State of Karnataka & Anr. ……Respondents WITH CIVIL APPEAL NOS. 8673-8684 … Continue reading