Negotiable Instruments Act 1881- Section 148 –Deposit may not be ordered if the Appellate Court finds a case to be exceptional not calling for a deposit and the reasons for not ordering a deposit are recorded in the order- There could arise a case before the Appellate Court where such court is capable of forming …
Service Law – Interpretation and implementation of the Modified Assured Career Progression Scheme, 2008, applicable with effect from 01.09.2008- SC Held: the Respondents would be entitled to the benefits of the MACPS only after taking into consideration all the financial upgradations earned by them, in terms of the CCS RP Rules. Financial upgradations under the …
Union Of India vs N.M. Raut 2024 INSC 1042 – Service Law – MACP Scheme Read More »
Credit Card – The rate of interest, charged by the banks, determined by the financial wisdom & directives issued by the Reserve Bank of India, and is duly communicated to the credit card holders from time to time, cannot be in any manner unconscionable or unilateral. The credit card holders are duly educated and made …
NDPS Act – Section 37 – In the NDPS cases, where the offence is punishable with minimum sentence of ten years, the accused shall generally be not released on bail. Negation of bail is the rule and its grant is an exception. While considering the application for bail, the court has to bear in mind …
Narcotics Control Bureau vs Kashif 2024 INSC 1045 – Ss 37, 52A NDPS Act Read More »
Transfer of Property Act – Section 53-A-Protection of a prospective purchaser/transferee of his possession of the property involved, is available subject to the following prerequisites: (a) There is a contract in writing by the transferor for transfer for consideration of any immovable property signed by him or on his behalf, from which the terms necessary …
Giriyappa vs Kamalamma 2024 INSC 1043 – S 53A Transfer Of Property Act Read More »
Constitution of India – Article 226 – Judicial Review – Author of the tender documents is the best person to understand and appreciate its requirements and interpret its documents. The constitutional courts must defer to this understanding and appreciation of the tender documents, unless there is mala fide or perversity in the understanding or appreciation …
Pawan Kumar vs Union Of India 2024 INSC 1041 – Judicial Review of Tender Matters Read More »
Summary: HC set aside the order transferring the services of the respondent from Thiruvananthapuram to Jammu – Allowing appeal, SC observed:respondent has expressed his willingness to join the post to which he has been transferred -The appellant should release the salary for the period commencing from 27.05.2023 within a period of one month of his …
Director General Vs Balan C 2024 INSC 1031 – Service Law – Transfer Read More »
Uttar Pradesh Industrial Area Development Act, 1976 – Section 6A – ‘Authority’ is empowered to delegate the power to collect taxes or fees levied by it. However, under no circumstances does it authorize the delegation of the power to levy taxes or fees.[SC held that NOIDA overstepped its authority by delegating the power to levy …
Registration Act, 1908-Section 17 –To fall under the exception of Section 17(2)(vi) , the following conditions must be satisfied: (i)There must be a compromise decree as per the terms of the compromise without any collusion; (ii)The compromise decree must pertain to the subject property in the suit; and (iii)There must be a pre-existing right over …
Mukesh vs State Of Madhya Pradesh 2024 INSC 1026 -Registration Act – Adverse Possession Read More »
Code of Criminal Procedure – Section 482 – Prevention of Corruption Act – Quashing of offences under the PC Act would have a grave and substantial impact not just on the parties involved, but also on the society at large- economic offences by their very nature stand on a different footing than other offences and …