Issue for Consideration Whether compensatory allowances, such as House Rent Allowance, Transport Allowance, Clothing and Washing Allowance and Small Family Allowance, would fall within the term “ordinary rate of wages” for calculation of overtime wages in terms of s.59(2) Act, 1948. Headnotes† Factories Act, 1948 – s.59(2) – General Clauses Act, 1897 – s.3 – The Office Memorandum dated 27.05.2009 issued by the Ministry of Labour and Employment, Government of India clarifying that allowances of compensatory nature including HRA, TA,
Issue for Consideration Whether s.17-A, Prevention of Corruption Act, 1988 can be applied to cases of demand of illegal gratification. Headnotes† Prevention of Corruption Act, 1988 – s.17-A – Enquiry or inquiry or investigation of offences relatable to recommendations made public servant in discharge of official functions or duties – Benefit of s.17-A, not applicable to cases of demand of illegal gratification – Petitioners were sought to be prosecuted for offence punishable u/ss.7 and 7A – High Court held that the Anti-Corruption Bureau (ACB) of
Issue for Consideration Whether the State police or a Special Agency of the State has jurisdiction to investigate the offences of bribery and corruption under the Prevention of Corruption Act, 1988 (PC Act) against the Central Government employees. Headnotes† Prevention – s.17 – Code of Criminal Procedure, 1973 – s.4(2) r/w s.156 – Petitioners were sought to be prosecuted for offence punishable u/ss.7 and 7A – High Court held that if any offence under the Prevention of Corruption Act is committed by an employee of the Central
Issue for Consideration The appellants have preferred the present appeals challenging the common judgment and order dated 28.11.2023 passed by the High Court, whereby the High Court has quashed and set aside the order of acquittal passed by the concerned Trial Court and appellants for committing the offences punishable u/ss.302, 120-B, 201, 506 r/w. s.34 of the IPC. If two reasonable conclusions are possible on the basis of the evidence on record, whether the Appellate Court should disturb the findings of acquittal recorded by the Trial Court.
Issue for Consideration Issue arose as regards the justification of the shifting of reserve category candidates who has not availed any concession or relaxation towards the list of unreserved category candidates; and the correctness of the order passed by the High Court directing that the to the vacancy that had been kept vacant by the Single Judge’s order. Headnotes† Service law – Appointment/selection – Shifting of reserve category candidates who has not availed any concession or relaxation towards the list of unreserved category candidates –
Issue for Consideration Issue arose whether the High Court erred in upholding the constitutional validity of the Bihar Pharmacist Cadre Rules, 2014 (as amended by Bihar Pharmacist Cadre (Amendment) Rules, 2024; and whether candidates holding Bachelor or Master of Pharmacy degrees, without in Pharmacy, satisfy the minimum eligibility criteria prescribed for appointment to the post of Pharmacist (basic category) under the said Rules. Headnotes† Pharmacy Act, 1948 – Pharmacy Practice Regulations, 2015 – Bihar Pharmacist Cadre Rules, 2014 (as amended by the Bihar
Issue for Consideration Whether the fee paid by the appellant to the personalities/speakers, through their booking agents, is liable to Service Tax under the reverse charge mechanism, more particularly under the taxable category of “Event Management r/w. s.65(105)(zu) respectively of Chapter V of the Finance Act. Headnotes† Finance Act, 1994 – s.65(105)(zu) r/w. ss.65(40) and 65(41) – The appellant assessee conducted annual Hindustan Times Leadership Summit (the Summit) – Speakers were invited from outside India
Issue for Consideration Does the first proviso to s.3(2) of the Judges (Inquiry) Act, 1968 require the constitution of a Joint Committee where notices, having been given in both Houses on the same day, is later followed by refusal to admit the motion by the Presiding Officer of one House motion by the Presiding Officer of the other House; whether, in view of the office of the Chairman of the Rajya Sabha falling vacant, the Deputy Chairman of the Rajya Sabha was competent to refuse admission of the notice of motion; what is the effect, if any, of the Deputy Chairman’s refusal
Issue for Consideration Issue arose whether the appellant is a person aggrieved having locus standi to maintain the writ appeals notwithstanding that the State of Rajasthan had not challenged the directions given by the Single Judges by preferring appeals; that what is a waiting list; right of a wait-listed candidate to be considered for appointment accrues; that did the right (if, at all) accrue on and from the date of refusal to accept the offer by the candidates who were offered appointment or from any prior date; that if no requisition is received by the appellant from
Issue for Consideration The disturbing pattern of student suicides being reported from various educational institutions across the country and the necessity to understand the underlying causes contributing to distress amongst students. Headnotes† Constitution of India – Art.142 the recommendations of the National Task Force – Directions issued: Held: (i) The Sample Registration System data on Suicides, especially those falling within the age group of 15-29 years, must be centrally maintained for better and more accurate estimates of Deaths by Suicide of students
Issue for Consideration Issue arose whether notices u/s.35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are to be mandatorily issued in all cases, qua an offence punishable with imprisonment up to 7 years; absence of circumstances u/ss.35(1)(b)(i) and 35(1)(b)(ii) BNSS, 2023 existing, is an arrest by a police officer, qua an offence punishable with imprisonment up to 7 years, legally justified. Headnotes† Bhartiya Nagarik Suraksha Sanhita, 2023 – ss.35(3), 35(1)(b)(i) and 35(1)(b)(ii)
Issue for Consideration Whether the possession of the schedule property by the appellant herein was continued in the capacity of a tenant or as a vendee on the execution of the agreement to sell dated 14.10.2009. Whether the appellant herein is liable to pay any additional duty and penalty on the the said instrument liable to be impounded for the purpose of payment of duty and penalty. Whether there is “deemed conveyance” within the meaning of Explanation I to Article 47A of the A.P. Stamp Act. Headnotes† Andhra Pradesh Buildings (Lease, Rent and Eviction) Control
Issue for Consideration Matter pertains to the credibility of the dying declaration of the wife, and the correctness of the order passed by the High Court acquitting the respondent-husband by extending to him the benefit of doubt. Headnotes† Evidence Act, 1872 – s.32 – Dying case that owing to marital discord between the parties, the respondent-husband allegedly poured kerosene on his wife at their residence and set her on fire – Some villagers rushed to her rescue and the respondent also attempted to extinguish the fire – Wife was rushed to the
Issue for Consideration Issue arose whether the NCLAT was correct in admitting Corporate Debtor into the Corporate Insolvency Resolution Process; and whether the NCLAT was correct in rejecting the Intervention application filed by Code, 2016 – ss.5(8)(f), 7, 7(5)(a) – Corporate Insolvency Resolution Process (CIRP) – Admission of the Corporate Debtor into CIRP – Locus standi to intervene in proceedings u/s.7 – Appellant-Corporate debtor availed financial assistance of Rs.70 crores from
Issue for Consideration Matter pertains to issuance of direction to the States to evolve an appropriate policy for media briefing. Headnotes† Police Manual – Police Manual for Media Briefing – Police Manual for Media Briefing prepared by the Amicus, the Union of India and the prevailing international practices – Issuance of direction to the States to evolve an appropriate policy for Media Briefing, taking into consideration the Police Manual for Media Briefing furnished by the Amicus Curiae – Needful to be done within the
Issue for Consideration The present batch of appeals concerns the challenge to the power of the State Government to prescribe the essential qualifications different from the qualification prescribed by the Central Government u/r.49 of the Drug Rules, 1945 (Drug Rules) framed in exercise of the and 33N of the Drugs and Cosmetics Act, 1940 (D&C Act) for appointment to the post of Drug Inspector (DI), or Drug Control Officer (DCO). The following issues arose for consideration – (i) Whether on conferment of power under the Drugs and Cosmetics Act, 1940 to the Central Government to
Issue for Consideration Whether the appellant was wrongly denied employment, despite having qualified for the interview, and declared unfit on the ground that she had multiple disability but had applied as a visually handicapped candidate (since the notification advertising the vacancies did not intersectionality of disability with gender justice. Headnotes† Rights of Persons with Disabilities Act, 2016 – “reasonable accommodation” – Constitution of India – Art.41 r/w 14 & 21; Art.142 – Advertisement was published by Coal India
Issue for Consideration Effective implementation of the mandate of s.12, Right of Children to Free and Compulsory Education Act, 2009 ensuring admission of at least twenty-five percent of class strength in unaided schools with children of weaker and education. Headnotes† Constitution of India – Article 21A – Right to Education – Right of Children to Free and Compulsory Education Act, 2009 – s.12– Directions by Supreme Court for effective implementation of s.12 and its mandate – Inaccessibility of
Issue for Consideration Whether a daughter-in-law, who becomes a widow after the death of her father-in-law, is a dependant upon the estate of the father- in-law, and entitled to claim maintenance from his estate. Headnotes† Hindu Adoptions & Maintenance Act, 1956 – Chapter III, A daughter- in-law became widow after death of her father-in-law – She is dependent upon the estate of father-in-law – Whether she is entitled to claim maintenance from her father-in-law’s estate – Whether the words “any widow of his son” would mean
Issue for Consideration In the present case the court is concerned with the question as to whether the objector who has resisted execution is a transferee pendente lite or not and whether the doctrine of lis pendens as encapsulated in s.52 of the Transfer of Property Act is squarely applicable or Procedure, 1908 – s.47 – Or.XXI rr.35, 97 to 102 – Transfer of Property Act, 1882 – s.52 – Doctrine of lis pendens – Respondent no.1-plaintiff (decree holder) had entered into an agreement for sale with the defendant-judgment debtor – Since the defendant