Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“The Corporation was covered under the definition of ‘industrial establishment’ and the employees uninterruptedly continued in service for 480 days or more for 24 months.”
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Rajasthan High Court had held that there exists no relaxation regarding category of Ex-serviceman and the Rule 19 of the Rajasthan Forest Subordinate Service Rules, 2015 states that the physical efficiency test will be applicable to candidates belonging to all categories including that of the Ex-servicemen.
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Supreme Court reiterated that exclusion clauses in insurance contracts are interpreted strictly against the insurer as they have the effect of completely exempting the insurer of its liabilities.
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“If and only if, the service provider discharges its onus of showing that the service was availed, in fact for a commercial purpose, does the onus shift back to the complainant to show that the service was obtained exclusively for the purpose of earning its livelihood by means of self-employment.”
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Supreme Court directed the parties to maintain status quo regarding possession, change of land use, and creation of third-party rights till fresh acquisition proceedings are completed
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“As long as ‘Merit-cum-Seniority’ is applied in the manner as explained in All India Judges’ Association v. Union of India, (2002) 4 SCC 247, wherein both merit and seniority are considered, and merit plays the dominant role, the process of promotion cannot be said to be violative of the principle of ‘Merit-cum-Seniority’.”
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Supreme Court noted that by its order dated 30-06-2016, the sentence was suspended, and bail was granted to the convict, as he had already undergone about nine years of sentence.
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The Trade Mark Registry allowed the Form TM-24 Applications of the Electronica Hitech Machines Tools Private Limited for bringing on record their name as the subsequent proprietor. Electronica India Limited challenged the said purported order.
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“One of the objects of the Chartered Accountants Act, is to ensure that the profession of the Chartered Accountant in the country maintains high professional ethics and renders quality service since Chartered Accountants are necessary for the efficient tax administration in the country”
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“The requirement under Section 145 of the Evidence Act, 1872 of confronting the witness by showing him the relevant part of his prior statement is to give the witness a chance to explain the contradiction and this is a rule of fairness.”
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Supreme Court reiterated that the laws of limitation only bar the remedy and do not extinguish the right, except in cases where title is acquired by prescription.
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“National security is always of paramount importance and any act in aid to any terrorist act — violent or non-violent is liable to be restricted.”
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While dismissing the review petitions, the Bench said that there was no error apparent on the face of the record and no case was made out for review under Order XLVII Rule 1 of the Supreme Court Rules, 2013.
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“To keep the Force efficient, weeding out undesirable elements therefrom is essential and is a facet of control over the Force, which the Central Government has over the Force by virtue of Section 8 of the CRPF Act.”
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Supreme Court said that the requirement of the Government to specify the manner, procedure and time for identifying, filling backlog vacancies and completing the same was clear to the University. It is with this view that the University advertised that the ‘Mode of Selection’ shall be as per the 2001 Rules.
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“The words ‘Children’s Court’ and ‘Court of Sessions’ in JJ Act, 2015 and the Rules thereunder were directed to be read interchangeably. Primarily jurisdiction vests in the Children’s Court. However, without the constitution of such Children’s Court in the district, the power to be exercised under the Act is vested with the Court of Sessions.”
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SCBA has issued a circular dated 14-05-2024, stating that that the counting of votes will commence after closing of polling at 5 PM on 16-05-2024 and will continue till 12 AM on the same day.
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LOC can be taken where accused was deliberately evading arrest or not cooperating in investigation
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“When there is certainty and clarity, there is tax efficiency which is beneficial to both the tax payer and the tax authorities. These are all hallmarks of good tax legislation.”
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“Any interpretation of the Preamble or the scheme of the Act for construing ‘Profession’ as ‘Business’ or ‘Trade’; or ‘Professional’ as ‘service provider’ would be extending the scope of the Act which was not intended, rather would have a counter productive effect”
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