General Clauses Act, 1897

Supreme Court Clarifies Definition of Consulting Engineer Under Finance Act, 1994: Commissioner of Central Excise vs. M/s Sepco Electric Power Construction Corporation (2022)

/ Finance Act, 1994, Finance Act, 1994 with Section 65(31), Finance Act, 1994 with Section 66, Finance Act, 1994 with Section 68, General Clauses Act, 1897, General Clauses Act, 1897 with Section 3(42), Judges, M.R. Shah, Sanjiv Khanna

Supreme Court Clarifies Definition of Consulting Engineer Under Finance Act, 1994: Commissioner of Central Excise vs. M/s Sepco Electric Power Construction Corporation (2022) Date of the Judgment: July 11, 2022 Citation: Civil Appeal No. 4928 of 2018 Judges: M.R. Shah, J. and Sanjiv Khanna, J. Can a “body corporate” be considered a “consulting engineer” under […]

Supreme Court Clarifies Definition of Consulting Engineer Under Finance Act, 1994: Commissioner of Central Excise vs. M/s Sepco Electric Power Construction Corporation (2022) Read Post »

Supreme Court Restores Minimum Wage Notification with Special Allowance: Gomantak Mazdoor Sangh vs. State of Goa (2022)

/ B.V. Nagarathna, General Clauses Act, 1897, General Clauses Act, 1897 with Section 21, Judges, M.R. Shah, Minimum Wages Act, 1948, Minimum Wages Act, 1948 with Section 10, Minimum Wages Act, 1948 with Section 4, Minimum Wages Act, 1948 with Section 5

Supreme Court Restores Minimum Wage Notification with Special Allowance: Gomantak Mazdoor Sangh vs. State of Goa (2022) LEGAL ISSUE: Whether the State Government can modify a minimum wage notification by way of an errata notification, without following the procedure for fixing or revising minimum wages under the Minimum Wages Act, 1948. CASE TYPE: Labour Law

Supreme Court Restores Minimum Wage Notification with Special Allowance: Gomantak Mazdoor Sangh vs. State of Goa (2022) Read Post »

Supreme Court Upholds Cancellation of Plot Allotment Due to False Affidavit: New Okhla Industrial Development Authority vs. Ravindra Kumar Singhvi (2022)

/ General Clauses Act, 1897, General Clauses Act, 1897 with Section 3(3), Hemant Gupta, Judges, Oaths Act, 1969, Oaths Act, 1969 with Section 3(2), Transfer of Property Act, 1887, Transfer of Property Act, 1887 with Section 111(g), Uttar Pradesh Industrial Development Act, 1976, Uttar Pradesh Industrial Development Act, 1976 with Section 14, V. Ramasubramanian

Supreme Court Upholds Cancellation of Plot Allotment Due to False Affidavit: New Okhla Industrial Development Authority vs. Ravindra Kumar Singhvi (2022) Date of the Judgment: 15 February 2022 Citation: Civil Appeal No. 382 of 2012 Judges: Hemant Gupta, J. and V. Ramasubramanian, J. Can a government authority cancel a plot allotment if the allottee provided

Supreme Court Upholds Cancellation of Plot Allotment Due to False Affidavit: New Okhla Industrial Development Authority vs. Ravindra Kumar Singhvi (2022) Read Post »

Supreme Court Clarifies Appeal Deposit Rules Under Consumer Protection Act: ECGC Limited vs. Mokul Shriram EPC JV (2022)

/ Consumer Protection Act, Consumer Protection Act with Section 23, Consumer Protection Act, 1986, Consumer Protection Act, 2019, General Clauses Act, 1897, General Clauses Act, 1897 with Section 6, Hemant Gupta, Judges, V. Ramasubramanian

Supreme Court Clarifies Appeal Deposit Rules Under Consumer Protection Act: ECGC Limited vs. Mokul Shriram EPC JV (2022) LEGAL ISSUE: Applicability of deposit requirements for appeals under the Consumer Protection Act, 1986 vs. the Consumer Protection Act, 2019. CASE TYPE: Consumer Law Case Name: ECGC Limited vs. Mokul Shriram EPC JV Judgment Date: 15 February

Supreme Court Clarifies Appeal Deposit Rules Under Consumer Protection Act: ECGC Limited vs. Mokul Shriram EPC JV (2022) Read Post »

Mental Disability and Workplace Discrimination: Supreme Court Protects Rights of Employees in Disciplinary Proceedings (17 December 2021)

/ Dhananjaya Y Chandrachud, General Clauses Act, 1897, General Clauses Act, 1897 with Section 6, Judges, Mental Healthcare Act 2017, Non-discrimination in employment, Persons with Disabilities Act, 1995, Persons with Disabilities Act, 1995 with Section 47, Reasonable Accommodation, Rights of Persons with Disabilities Act, 2016, Rights of Persons with Disabilities Act, 2016 with Section 20, Surya Kant, Vikram Nath

Supreme Court Protects Rights of Employees with Mental Disabilities in Disciplinary Proceedings LEGAL ISSUE: Whether disciplinary proceedings initiated against an employee with a mental disability constitute workplace discrimination under the Rights of Persons with Disabilities Act 2016. CASE TYPE: Service Law, Disability Rights Case Name: Ravinder Kumar Dhariwal & Anr. vs. The Union of India

Mental Disability and Workplace Discrimination: Supreme Court Protects Rights of Employees in Disciplinary Proceedings (17 December 2021) Read Post »

Supreme Court Upholds Cancellation of Land Release Notification Citing Fraud: U.P. Avas Evam Vikas Parishad vs. Noor Mohammad (2021)

/ Constitutional Law, Constitutional Law with Article 300A, General Clauses Act, 1897, General Clauses Act, 1897 with Section 21, Hemant Gupta, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 48(1), V. Ramasubramanian

Supreme Court Upholds Cancellation of Land Release Notification Citing Fraud: U.P. Avas Evam Vikas Parishad vs. Noor Mohammad (2021) LEGAL ISSUE: Whether a notification issued under Section 48(1) of the Land Acquisition Act, 1894, releasing land from acquisition, can be rescinded by the government if it was obtained through fraud and misrepresentation. CASE TYPE: Land

Supreme Court Upholds Cancellation of Land Release Notification Citing Fraud: U.P. Avas Evam Vikas Parishad vs. Noor Mohammad (2021) Read Post »

Supreme Court clarifies time limit for land acquisition awards under the 2013 Act: Executive Engineer vs. Mahesh (10 November 2021)

/ A.M. Khanwilkar, General Clauses Act, 1897, General Clauses Act, 1897 with Section 6, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 11A, Land Acquisition Act, 1894 with Section 4, Land Acquisition Act, 1894 with Section 6, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Section 24, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Section 25, Sanjiv Khanna

Supreme Court Clarifies Time Limit for Land Acquisition Awards Under the 2013 Act: Executive Engineer vs. Mahesh Date of the Judgment: 10 November 2021 Citation: Civil Appeal Nos. of 2021 (Arising out of SLP (C) Nos. 13093-13094 of 2018) Judges: A.M. Khanwilkar, J., Sanjiv Khanna, J. When does the clock start ticking for land acquisition

Supreme Court clarifies time limit for land acquisition awards under the 2013 Act: Executive Engineer vs. Mahesh (10 November 2021) Read Post »

Supreme Court Upholds Auction Sale, Dismisses Challenge to Ex-Parte Decree: Vishwabhandhu vs. Sri Krishna (2021)

/ Code of Civil Procedure, Code of Civil Procedure with Order IX, Code of Civil Procedure with Order V, General Clauses Act, 1897, General Clauses Act, 1897 with Section 27, Judges, S. Ravindra Bhat, Uday Umesh Lalit

Supreme Court Upholds Auction Sale, Dismisses Challenge to Ex-Parte Decree: Vishwabhandhu vs. Sri Krishna (2021) LEGAL ISSUE: Whether an ex-parte decree should be set aside when the defendant had knowledge of the proceedings and failed to appear, and whether an auction sale conducted subsequently should be upheld. CASE TYPE: Civil Law – Auction Sale and

Supreme Court Upholds Auction Sale, Dismisses Challenge to Ex-Parte Decree: Vishwabhandhu vs. Sri Krishna (2021) Read Post »

Supreme Court Upholds Extension of Enforcement Director’s Tenure: Common Cause vs. Union of India (2021)

/ Appointment and Tenure of Director of Enforcement, B.R. Gavai, Central Vigilance Commission Act, 2003, Central Vigilance Commission Act, 2003 with Section 25, General Clauses Act, 1897, General Clauses Act, 1897 with Section 21, Judges, L. Nageswara Rao

Supreme Court Upholds Extension of Enforcement Director’s Tenure: Common Cause vs. Union of India (2021) LEGAL ISSUE: Whether the Union Government can extend the tenure of the Director of Enforcement beyond the initial two-year period, especially when the incumbent has reached retirement age. CASE TYPE: Service Law, Public Interest Litigation Case Name: Common Cause (A

Supreme Court Upholds Extension of Enforcement Director’s Tenure: Common Cause vs. Union of India (2021) Read Post »

Supreme Court clarifies jurisdiction in consumer cases after 2019 Act: Neena Aneja vs. Jai Prakash Associates (16 March 2021)

/ Consumer Disputes Redressal Commission, Consumer Protection Act, Consumer Protection Act with Section 107, Dhananjaya Y Chandrachud, General Clauses Act, 1897, General Clauses Act, 1897 with Section 6, Judges, M.R. Shah

Supreme Court Clarifies Jurisdiction in Consumer Cases After 2019 Act: Neena Aneja vs. Jai Prakash Associates LEGAL ISSUE: The core legal issue is whether consumer complaints filed under the Consumer Protection Act, 1986, before the enforcement of the Consumer Protection Act, 2019, should be adjudicated under the old law or the new law, particularly concerning

Supreme Court clarifies jurisdiction in consumer cases after 2019 Act: Neena Aneja vs. Jai Prakash Associates (16 March 2021) Read Post »

Supreme Court clarifies the limitation period for appeals under the National Green Tribunal Act: Sridevi Datla vs. Union of India (2 March 2021)

/ Appeals under National Green Tribunal Act, 2010, Computation of time, Condonation of Delay, Environmental Clearance, Environmental Law, General Clauses Act, 1897, General Clauses Act, 1897 with Section 10, Judges, L. Nageswara Rao, National Green Tribunal, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 16, S. Ravindra Bhat

Supreme Court on Limitation for NGT Appeals: Sridevi Datla vs. Union of India (2021) Date of the Judgment: 2 March 2021 Citation: 2021 INSC 106 Judges: L. Nageswara Rao, J., S. Ravindra Bhat, J. Can an appeal to the National Green Tribunal (NGT) be dismissed solely on the grounds of delay, even if the delay

Supreme Court clarifies the limitation period for appeals under the National Green Tribunal Act: Sridevi Datla vs. Union of India (2 March 2021) Read Post »

Supreme Court Quashes Conviction of Nominee Officer Due to Non-Conviction of Company in Food Adulteration Case (5 November 2020)

/ Ajay Rastogi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 401, Food Safety and Standards Act, 2006, Food Safety and Standards Act, 2006 with Section 97, General Clauses Act, 1897, General Clauses Act, 1897 with Section 6, Hemant Gupta, Judges, L. Nageswara Rao, Offences by Companies, Prevention of Food Adulteration Act, 1954, Prevention of Food Adulteration Act, 1954 with Section 16, Prevention of Food Adulteration Act, 1954 with Section 17

Supreme Court Quashes Conviction of Nominee Officer Due to Non-Conviction of Company in Food Adulteration Case LEGAL ISSUE: Whether a nominated officer of a company can be convicted under the Prevention of Food Adulteration Act, 1954 if the company itself is not convicted. CASE TYPE: Criminal Appeal (Food Adulteration). Case Name: Hindustan Unilever Limited vs.

Supreme Court Quashes Conviction of Nominee Officer Due to Non-Conviction of Company in Food Adulteration Case (5 November 2020) Read Post »

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