Bringing you the Best Analytical Legal News
“The fundamental error permeating both the impugned orders is the assumption that merely because the claimant worked or claimed to have worked in Delhi, the Controlling Authority appointed by the State Government and the Appellate Authority derived jurisdiction to adjudicate the dispute.”
Continue reading
“Section 269 of the Punjab Municipal Corporation Act, 1976 makes it abundantly clear that the appeal lies against orders to the Court of District Judge of the city where the premises are situated, within the period specified in the order for demolition of the erection and the petitioner instead of approaching the Court of District Judge has filed the present petition.”
Continue reading
“Instead of expressing regret or tendering an apology, he persisted with such allegations and even called upon the Court to tender an apology.”
Continue reading
“The employees fall within the exclusionary clause of Section 2(e) of the PG Act. The result of such exclusion is that Sections 5 and 14 are not attracted in deciding on the applicability of the PG Act to the employees of HWP”
Continue reading
The appeal claims the Trial Court wrongly convicted the appellant because the evidence was weak and misapplied. No selection committee members testified, no forged documents were recovered, and no witness confirmed that the appellant misused his position for promotions.
Continue reading
“Clerical mistakes are those that occur in the course of typing or writing, while arithmetical mistakes are those that occur during calculation. As to accidental slip or omission, the decisive test is whether it is apparent from the record that the Court intended to do something but failed to do so owing to an accidental or inadvertent omission.”
Continue reading
“The instant case cannot be termed as a ‘simple accident’ as is understood in common parlance, however, it definitely falls within the definition of ‘accident’ under Rule 3 (1) (ii) of the EOP Rules, which covers within its ambit a mishap due to an act of devotion to duty in an emergency arising otherwise than by violence out of and in the course of service.”
Continue reading
“In normal circumstances and in a suit filed by the plaintiff, it is the plaintiff who has to do the above work and file the documents along with his plaint.”
Continue reading
“The petitioners acted in accordance with the existing Bye Laws and the consistent past practice of CBSE and, therefore, had a legitimate expectation that after passing Class XII examination on 13.05.2025 the right to appear as private candidates for the Additional Subject examination, would be available.”
Continue reading
“The fact that the remuneration was reflected in the pay slips as ‘gross salary’, subjected to statutory tax deductions and reported through Form-16, fortifies the conclusion that the payment was compensatory in nature and not a scholarship granted solely to defray educational expenses.”
Continue reading
“In such trying times when the employee contracted Covid, to expect him to be admitted only in a government hospital for claiming an entitlement, is arbitrary and unjust.”
Continue reading
“The impugned interim order has been passed by the High Court on a misinterpretation of the ratio of the decision of this Court in Mohan Lal Fatehpuria (supra).”
Continue reading
“The resignation of an employee entails forfeiture of service, and a clear distinction can be drawn between resignation and voluntary retirement, as both are disparate in terms of their operation and consequence, and therefore unlikely to hold an equivalent character.”
Continue reading
In the case at hand, it was alleged that the date of personal hearing and the date of filing a reply are the same.
Continue reading
“For the embargo under Section 21(4) of the MCOCA, regarding the possibility of the applicant committing an offence while on bail, the Court noted the applicant’s absence of antecedents, his young age, and the limited nature of the alleged contact with a co-accused, and found it unlikely that he would commit any offence.”
Continue reading
“The accused was only 20 years of age at the time when the offence took place, as reflected in the FIR, and was not released on bail even during Covid-19.”
Continue reading
The assessee’s submitted that the authorities wrongly disallowed the carry forward of losses only because the return was filed late on 1-11-2019 at 00:00:37, and therefore not treated as a valid return under Section 139(1) of the Income Tax Act, 1961.
Continue reading
“The right to personal development is an integral facet of the right to life and personal liberty under Article 21 of the Constitution, and, therefore, any interpretation of ‘custody principles’ must be interpreted in a manner that not only respects and upholds this constitutional guarantee but also is in sync thereof.”
Continue reading
“The woman is in unique and often difficult circumstances with respect to her physical, mental, social, or financial state, and all the different categories of women seek an abortion after twenty weeks either due to delay in recognizing the pregnancy or because of some other change in their environment.”
Continue reading
“Mere bald cursory statement in a Complaint that the Director (arrayed as an accused) is in charge of and responsible to the company for the conduct of the business of the Company without anything more as to the role of the Director, is not sufficient.”
Continue reading