Employees’ State Insurance Act, 1948– Appeal against HC judgment raised these issues (i) Whether the workshop of respondent-Nagar Nigam was indulged in manufacturing process while carrying out repairs and maintenance of the tractors, trailers, loaders belonging to the respondent-Nagar Nigam by employing more than 20 workmen? (ii) Whether the workshop of respondent-Nagar Nigam was covered …
Electricity Act, 2003; Section 14- Andhra Pradesh Electricity Regulatory Commission (Distribution Licence) Regulations, 2013- Whether the designation of an entity as a SEZ developer by the MoCI ipso facto qualifies the entity to be a deemed distribution licensee, obviating the need for an application under section 14 of the Electricity Act?- Being a SEZ developer …
Summary: Appeal against HC judgment which upholds the directions given by the Company Judge, that the Central Government in consultation with the Government of Odishaand the Odisha Mineral Development Company Ltd shall form a High Powered committee of not more than three members representing the interests of the three stakeholders to take a decision by …
Bail– While considering as to whether bail ought to be granted in a matter involving a serious criminal offence, the Court must consider relevant factors like the nature of the accusations made against the accused, the manner in which the crime is alleged to have been committed, the gravity of the offence, the role attributed …
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989; Section 3(1)(r) and 3(1)(s)- Intentional insult or abuse coupled with the humiliation is made in any place within public view. The expression “in any place within public view” has an important role to play in deciding whether the allegation attracts the ingredients of an offence …
Priti Agarwalla vs State Of GNCT Of Delhi 2024 INSC 437 -Ss 3,4 SC-ST Act- S 156(3) CrPC Read More »
Service Law – Principles of ‘Merit-cum-Seniority’ and ‘Seniority-cum-Merit’ summarized- The principle of ‘Seniority-cum-Merit’ postulates that: – i. Minimum requirement of merit and suitability which is necessary for the higher post can be prescribed for the purpose of promotion. ii. Comparative Assessment amongst the candidates is not required. iii. Seniority of a candidate is not a …
Constitution of India, 1950; Article 300A – Right To Property -The binary reading of the constitutional right to property must give way to more meaningful renditions, where the larger right to property is seen as comprising intersecting sub-rights, each with a distinct character but interconnected to constitute the whole. These sub-rights weave themselves into each …
Constitution of India, 1950; Article 227 – No intra-court appeal could have been preferred against an order passed by the Single Judge on a petition filed under Article 227 of the Constitution of India. (Para 11)
Insurance Law- Insurance is a contract of indemnification, being a contract for a specific purpose, which is to cover defined losses. The courts have to read the insurance contract strictly. Essentially, the insurer cannot be asked to cover a loss that is not mentioned. Exclusion clauses in insurance contracts are interpreted strictly and against the …
Uttar Pradesh Zamindari Abolition and Land Reforms Act; Section 122-C- The power of the Collector is available to initiate suo moto action for cancellation of allotment under sub-section (6) of Section 122-C in case of fraud and such foundational facts would disclose the same, it would suffice to initiate the proceedings as fraud vitiates. (Para …
Shyamo Devi vs State Of UP 2024 INSC 430 – UPZALR Act Read More »