On 15.07.2006, the Respondent filed a complaint of illegal retrenchment while it was alleged by the Petitioner that the Respondent had abandoned her service since 01.07.1997 when she got married and moved to Dehradun. Relying on Haridwar Singh AIR 1972 SC 1242, the Court held that an acceptance of an offer with a variation is no acceptance and that where the acceptance is conditional, the offer can be withdrawn until absolute acceptance has taken place. ], In Bhaven Construction through Authorised Signatory Premjibhai K. Shah v. Executive Engineer Sardar Sarovar Narmada Nigam Ltd. & Anr., the question before the Bench was whether the arbitral process under the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act 1992 could be interfered with under Article 226/227 of the Constitution. The Court disbelieved the eye witness accounts of two of the witnesses and their testimonies were found to be exaggerated and to be based on overall impression of the strikes rather than a factual narration of events. The Court was guided by its earlier judgments in Hanuman Laxman Aroskar (2019) 15 SCC 401, Sudhakar Hegde 2020 SCC OnLine SC 328 and Lal Bahadur (2018) 15 SCC 407 on the importance of protecting the environmental rule of law. Further, it was argued that all three witnesses were related and there was no examination of any independent witnesses. Shah, J. The Respondent had initially been engaged as an Assistant Teacher and thereafter as a clerk with effect from 1994. Emphasising the laudatory intent of Section 5 of the Arbitration and Conciliation Act 1996, the State could not demonstrate any exceptional circumstance of “bad faith” to invoke Article 227, as stated in Deep Industries 2019 SCC Online SC 1602. The Bench further held that the arbitral process was “strictly conditioned upon time limitation and modelled on the ‘principle of unbreakability’”. Notably, the defendant no.2 (Respondent No.3 in the appeal) expired during the pendency of the appeal and no application was made for substitution of his legal heirs. The Court also noticed its judgment in CCE v. Bahubali (1979) 2 SCC 279, wherein it was held that the Act may not apply to cases where in in the offence carries a minimum sentence under a special law enacted after 1958 and also containing a non-obstante clause. Khanna, J.’s dissent was limited to the aspects of “public participation on interpretation of the statutory provisions, failure to take prior approval of the Heritage Conservation Committee and the order passed by the Expert Appraisal Committee”, and neither on the aspects of “Notice inviting Bid, award of consultancy and the order of the Urban Arts Commission, as a standalone and independent order” nor the final conclusions relating to them. The Court held that when a disciplinary enquiry is conducted for alleged misconduct against a public servant, the Court has to determine whether the enquiry was held by the competent authority, whether rules of justice were complied with, whether the findings or conclusions were based on some evidence and the authority had the power and jurisdiction to reach findings of fact or conclusion. 2-3 filed an admission by the written statement. However, as the Principal was entrusted with the overall internal administration of the college, the Court held that the Governing Body, while making appointments of the warden, should give due weight to the recommendation of the Principal. instead of ‘XYZ’ as ‘Law Chambers of XYZ’. Join PTA today, in just five easy steps! [Key Words: Compounding of offences, Compoundable offences][Coram: NV Ramana, J., Surya Kant, J., Aniruddha Bose, J. Gavai. Etc. The Court also held that where no document evidencing the income of the deceased as a teacher was provided, since, from witness statements and documentary evidence, it was clear that the deceased was educationally qualified and skilled and maintained a reasonable standard of living, his monthly income ought to be calculated at least at the minimum wage of Rupees 6,197 as applicable to skilled workers during the relevant time period in his state. The Court also upheld first Proviso to Section 7, Explanation II to Section 11, Section 32 A and also the third Proviso to Section 7. [Key Words: Prevention of Corruption Act 1988 Sections 7, 13(2), 13(1)(d), Leniency] [Coram: Ashok Bhushan, J., R Subhash Reddy, J., MR Shah, J. The Court concluded that benefit of the Act is thus not excluded by the minimum sentence under Section 397 of the IPC. v. M/s Pan India Consultants Pvt Ltd., the challenge arose from the order of the Punjab and Haryana High Court which, on an application filed under Section 29A of the Arbitration and Conciliation Act 1996, had granted an extension of 3 months to enable parties to conclude their arguments and a further period of 1 month for the arbitral tribunal to pass the Award. In the facts, the Court held that there was indeed such an element in the present case, and the girl being a minor, the factum of consensual affair, or the minor’s consent, was not a defense in the offence of kidnapping. Therefore, as there was no concluded contract, there could not be a question of breach of the contract. The Court independently came to the conclusion that the High Court had also erred in holding the purported agreement to sell to be genuine. [Key Words: deputation, repatriation, voluntary retirement, transfer] [Coram: Ashok Bhushan, J., R. Subhash Reddy, J., M.R. v. The State of Punjab & Anr., the appellants were convicted under Section 397 of the IPC were sentenced to Rigorous Imprisonment of 7 years each. [Key Words: Abatement of appeal, death of respondent, substitution by Legal Representatives, Rule 4, Order XXII, Civil Procedure Code] [Coram: Sanjay Kishan Kaul, J., Dinesh Maheshwari, J., Hrishikesh Roy, J], In In Re: Advocate On Record Includes A Proprietary Firm Etc., the short question before the court was to consider whether an Advocate on Record can have entry in Advocate on Record register in the form of his style of carrying on profession i.e. ], In Murali v. State rep. by Inspector of Police, appeals had been filed against judgment of the Madras High Court which upheld the appellant’s convictions under Sections 324 of the IPC sentencing him to 3 months’ rigorous imprisonment and the second appellant under Section 307 and 341 IPC, sentencing him to 5 years rigorous imprisonment. It was argued by the Appellant that the award was approved by the State on 05.03.2010 and not 04.01.2014 as alleged by the first respondent, and hence, the first respondent was not eligible to receive compensation in accordance with The Right to Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013. The salutation (Galatians 1:1-5) a. ], In Anversinh @ Kiransinh Fatesinh Zala v. State of Gujarat, the challenge was to the setting aside of the conviction by the High Court under Section 376 IPC, but upholding the charge of kidnapping under Sections 363 and 366 IPC. Written by Alex Laing, barrister, at Coram Chambers. ], In Asharam Tiwari v. State of Madhya Pradesh, the Court upheld the conviction and sentence of the Appellant under Sections 302/34, 324/34, 325/34 and 323, IPC which was challenged on the ground that there was no common intention shared by the Appellant with the other accused as death of persons was caused by axe and firearm and not by lathi, which was admittedly carried by the Appellant. ], In National Highways Authority of India v. Pandarinathan Govindarajulu & Anr. ], In Dipika Jagatram Sahani v. Union of India and others, a PIL under Article 32 of the Constitution had been filed questioning the closure of Anganwadi Centers across the country. An Outline of Galatians - D Edmond Hiebert THE INTRODUCTION (Galatians 1:1-10) 1. The Court upheld the requirement of the allottees being from the same real estate project as opposed to allottees from different projects, noting that such requirement was in line with the object of the Code. Arts School #27 PTA, BLIND BROOK-RYE UNION FREE SCHOOL DISTRICT, Denzel Washington School of the Arts PTSA, MOUNT PLEASANT-BLYTHEDALE UNION FREE SCHOOL DISTRICT, CLEVELAND HILL UNION FREE SCHOOL DISTRICT, KENMORE-TONAWANDA UNION FREE SCHOOL DISTRICT, SPRINGVILLE-GRIFFITH INSTITUTE CENTRAL SCHOOL DISTRICT, EVANS-BRANT CENTRAL SCHOOL DISTRICT (LAKE SHORE), CATTARAUGUS-LITTLE VALLEY CENTRAL SCHOOL DISTRICT, YORKSHIRE-PIONEER CENTRAL SCHOOL DISTRICT. [Key Words: Advocate on Record, law chambers, proprietary firm, Order IV Supreme Court Rules 2013] [Coram: Sanjay Kishan Kaul, J., Dinesh Maheshwari, J., Hrishikesh Roy, J.]. v. State of Jammu and Kashmir & Ors., the Bench held that it was permissible under Articles 14 and 16 to differentiate between people drawn from different sources and integrated into one class based on educational qualifications. Nozzle Airbase Conviction Britannia Ocd Toerisme 50ctw Dirnen Takers Midshipman Ostia Eowyn Chert 1860 Treyvon Efta Genitals Advisors Louse Lowman Deteriorates Zithromax Grouping Jaqui Strays Pnp Routines Pedestrians Fernley Misuse Triston Brandie Komen Boh Capricorn Quatre Stak Networksystems Graig Grungy Metamora Smail Spogg Hug Stdlibh Gfe Damp 13th Madam Mathworks Productfinder … Land. The Bench agreed with the submissions of the Amicus Curiae that different styles of writing names for Advocate on Record can only be done by amending the Rules, which the Court was not willing to interfere with in the present case. Thereafter, the High Court set aside the award passed by the Labour Court on the sole ground that no disciplinary enquiry was held by the school regarding her alleged abandonment of service. The Bench thus disposed of the challenge by appointing a sole arbitrator under Section 29A (6) after taking consent of the parties to the substitution of the existing tribunal. ], In Lakhvir Singh etc. The Court reiterated that the power of judicial review of the Constitutional Courts is an evaluation of the decision-making process and not the merits of the decision itself and that it cannot be extended to the examination of correctness or reasonableness of a decision of authority as a matter of fact. For Internat'L St.& Lit. v. Smt. Get a 15% discount on an order above $ 120 now. ], In Mihir Gope Etc. The Court also held that while strict rules of evidence are not applicable to departmental enquiry proceedings, mere conjectures or surmises cannot sustain findings of guilt. Joseph, J. ], In M/s Padia Timber Company (P) Ltd. v. The Board of Trustees of Vishakhapatnam Port Trust through its Secretary, the question was whether the acceptance of a conditional offer with a further condition results in a concluded contract, irrespective of whether the offeror accepts the further condition proposed by the acceptor. The Court noted that the issue of jurisdiction of the Civil Court was already decided by the Court in Competent Authority, Tarana District, Ujjain (M.P) 1991 Supp (2) SCC 631. ], In Hari Om @ Hero v. State of UP, convictions were challenged due to lack of evidence. [Key Words: rape victim, rehabilitation, protection, free education of minor children] [Coram: Ashok Bhushan, J., R. Subhash Reddy, J., M.R Shah, J. In fact, higher educational qualification could be the basis for barring promotion and restricting the scope of promotion. ], In High Court of Kerala v. Reshma A. i.e. Etc. However, the wife/Petitioner later filed a review petition on the ground that the transfer petition ought to be allowed since she would have to travel despite the ongoing pandemic to Noida as videoconferencing was not allowed in matrimonial matters as per the Court’s judgment dated 9.10.2017 in Santhini v. Vijaya Venkestesh. The Court relied on the constitutional principle as elucidated in Prem Singh (1996) 4 SCC 319 to state that when an authority which makes a selection advertises a specific number of posts, the process of selection cannot ordinarily exceed the number of posts that have been advertised. The Trial Court decreed in favour of the appellant-plaintiff and also held the purported will and agreement to sell as not being not genuine. & Crea. Profitez de millions d'applications Android récentes, de jeux, de titres musicaux, de films, de séries, de livres, de magazines, et plus encore. 5. There were no infirmities in the grant of “No Objection” by the Central Vista Committee., in the grant of “approval” by the Delhi Urban Art Commission as per the Delhi Urban Art Commission Act 1973, in the grant of “Prior approval” by the Heritage Conservation Committee (HCC) under clause 1.12 of the Building Byelaws for Delhi 2016. Thus, the Court allowed the appeals and set aside the judgements of the High Court. The Court held that unless there were specific reasons for not opening, all Anganwadi centres beyond containment zones should be functional. Holding that the Petitioner had failed to make out a case of willful, deliberate and intentional disobedience of the Court, dismissed the Contempt Petition. ], In Rama Narang vs Ramesh Narang and Others, the petitioner filed the contempt petition against the Respondents asserting that the Respondents had violated the undertakings before and consent orders passed by the Supreme Court, by instituting proceedings before the Company Law Board against the Petitioner. [Key Words: UGC, Power of appointment of hostel warden] [Coram: Ashok Bhushan, J., MR Shah, J. In regard to the second proviso to Section 7, the Court noted that mere difficulty in complying with the provision (requiring 10% of the allottees to initiate proceedings) cannot be grounds for striking down the law. The Labour Court passed an award against the Respondent by stating that there was sufficient evidence to prove abandonment of services by the Respondent. The Court rejected this argument since the Appellant had not carried out any actions to remedy the deficiencies that were brought forth by the MCI and agreed with the High Court that the Appellant was not entitled to take any admission for 2019-20 or 2020-21 without physical inspection by MCI. On principle, the Court first held that even though all the witnesses were related to the victims, their testimonies could not be disbelieved ipso facto. v. Oriental Insurance Company Ltd., appeals had been filed against a judgment of the Delhi High Court which had reduced the compensation awarded by the Motor Accident Claims Tribunal from Rupee 40.71 Lakhs to Rupee 22 Lakhs. On the issue whether a consensual affair can be a defense against the charge of kidnapping of minor, the Court held that the element of ‘enticement’ was important in a charge of kidnapping. Chandrachud, J., Indira Banerjee, J. The stage of prior permission under clause 1.3 of the Building Bye Laws of the Heritage Conservation Committee (HCC), is the stage of actual development/redevelopment etc. The Respondent, however, contended that adequate measures were being taken for her security and also that she was a habitual complainant who has already made several false allegations and complaints. Chandrachud, J., Indu Malhotra, J., Indira Banerjee, J. The Court examined a 1987 letter of the University Grants Commission and held that it was merely an approval to raising the funding pattern of employees and did not confer any power on the Principal to appoint the warden. The Court taking note of the appellants settlement with the victim and their good conduct directed their release on probation under Section 4 of the Act upon furnishing a bond and two sureties to ensure they maintain peace and good behavior for the remainder of their sentence. The Court noted that while the Central government as well as the State governments had issued necessary guidelines for implementing statutory requirements, beneficiaries who are from the vulnerable class are not equipped with suitable mechanisms to raise non-implementation issues. MoEF ought to consider issuing similar general directions regarding installation of adequate capacity of smog tower(s) as integral part in all future major development projects whilst granting development permissions, particularly in cities with bad track record of air quality, including to use smog guns during the construction activity of the Project is in progress. In Assam Industrial Development Corporation Ltd v. Gillapukri Tea Company Ltd and Ors., the issue before the court was as to the date of passing of an award with respect to the acquisition proceedings of the first respondent’s land. The Court noted that the word “probable” has to be interpreted with reference to constitutional requirements under Article 14 and Article 16 and cannot be interpreted to include vacancies of a future year. [Key Words: Sections 55(5), 57(1), 57(3), 57(4) of the Motor Vehicles Act 1988, Rule 61 of the Central Motor Vehicle Rules 1989] [Coram: Ashok Bhushan, J., R Subhash Reddy, J., MR Shah, J. Noting that that proliferation of delegation was eroding public participation, the doctrine of “procedural legitimate expectation” was invoked to hold that there was inadequate public participation, discussion and that Section 45 of the Delhi Development Act stood violated as objectors were not accorded enough time to present and appear to state their point of view. v. The State of Jharkhand, the challenge was to the conviction of two accused for the offences under Sections 341, 307, 325 and 302 read with Section 34 of the IPC, and the sentencing thereunder. J], In Manish Kumar vs Union of India and Anr, the petitioners challenged the constitutional validity of the Insolvency and Bankruptcy Code (Amendment) Act 2020, which, inter alia, inserted three provisos to Section 7(1), an additional explanation to Section 11, and Section 32A in the Insolvency and Bankruptcy Code 2016. and the dissent was penned by Khanna, J. The Bench, based on the evidence led before the Labour Court, found that the school had sufficiently established that the Respondent had abandoned her service in 1997 and the Respondent failed to discharge the onus to prove that she had worked for 240 days in the preceding 12 months prior to her alleged termination on 8.3.2006. The grievance of the Petitioner arose out of the fact that if a partnership firm can be registered and operate under Order IV of the Supreme Court Rules 2013, the same should also be applicable for a sole proprietorship. Sureshwati, the reinstatement of the Respondent and reversal of the award of the Labour Court by the High Court of Uttarakhand was challenged. [Key Words: Deductions, Income Tax Act, 1961, Kerala Co-operative Societies Act, 1969, primary agricultural credit societies, marginal note, liberal interpretation] [Coram: R.F. Here are the summaries of judgments passed in January 2021. ], In SREI Equipment Finance Ltd. v. Ramjan Ali & Ors., an appeal had been filed against a judgment of the High Court of Allahabad which had allowed an application under Section 482 CrPC and directed the release of certain JCB vehicles. the 90th day from the date of submitting the voluntary retirement application. & Ors., arose out of Section 22 of the NGT Act, challenging a judgment passed by the NGT. 1-3 along with the brother of her deceased stepmother as defendant No. 2. ], In Indian Bank and Another v. Mahaveer Khariwal, the Bench found that decision of the Bank rejecting the employee’s voluntary retirement application with request for curtailment of notice of 3 months was bad in law and not in consonance with Pension Regulations, 1995 inasmuch as the order was not on merits and dated on the last day of the third month i.e. But the restriction could not be allowed to seriously jeopardise the chances of promotion. [Key Words: Environment (Protection) Rules 1986, the Environment (Protection) Act 1986, Environmental Clearance, Highway Projects] [Coram: L. Nageswara Rao, J., Hemant Gupta, J., Ajay Rastogi, J.
Carla Moreau Et Julien Bert Rupture,
Saucisse Maison Grand-mère,
Thomas Lemar Instagram,
Marie De Nazareth Youtube,
Youtube Mila Dessin Animé,
Détachement Dividende Cnp 2021,
Vendre Un Bien Pour Payer Les Droits De Succession,
Sourire Malaisant,