Payment of Gratuity – Meaning of "Wages" – Ad hoc payments made to workers pursuant to interim orders of the Supreme Court – Held, such ad hoc payments do not form part of "wages" under Section 2(s) of the Payment of Gratuity Act, 1972, as they were not earned by the employee in accordance with the terms and conditions of employment – Interim benefits ce...
Consumer Protection – Jurisdiction of Consumer Courts – Failure to deliver possession of apartment – Refund and Compensation – The Consumer Protection Act empowers Consumer Courts to direct refund of amounts paid by consumers with interest and to compensate for deficiencies in service. This includes cases where developers fail to deliver possession as per the terms of the A...
Eviction – Bona fide Requirement – Section 14(1)(e) – Eviction for personal necessity – The requirement must be genuine, and there must be no other reasonably suitable accommodation – The Rent Controller must be satisfied on both counts before granting eviction [Paras 1-22].
Leave to Defend – Section 25B(5) – The tenant must disclose facts tha...
Civil Procedure – Order 41 Rule 33 – Extraordinary Powers of Appellate Court – The High Court invoked Order 41 Rule 33 to stay the dismissal of the respondent from service until the conclusion of the pending criminal case – Supreme Court held that Order 41 Rule 33 confers extraordinary power, to be used sparingly and in special cases – The power is not meant to be app...
Education Law – UGC Regulations – Applicability to State Universities – UGC Regulations 2010 are mandatory for Central universities and colleges, but directory for State universities and colleges – State Government has discretion to adopt and implement UGC Regulations for its institutions [Paras 1-22].
Pay Scale and Qualifications – Distinction between Teaching and...
Waqf Board – Composition and Term of Office – Section 14 and Section 15 – Appointments to the Waqf Board can be by election or nomination, as per the Waqf Act – The term of office for both elected and nominated members is prescribed as five years – The State Government has the authority to nominate members and also to cancel such nominations [Paras 1-12].
Nominatio...
Service Law – ACP Scheme – Stepping Up of Pay – The case involved a pay anomaly where juniors were drawing higher pay due to upgradation under the ACP Scheme – Supreme Court upheld the High Court's direction to step up the pay of seniors to match that of their juniors to remove the anomaly – The principle under Fundamental Rule (FR) 22 allows for such adjustments ...
Recruitment – Shortlisting Criteria – Minimum Qualifying Marks – The imposition of minimum qualifying marks for interviews by the Goa Public Service Commission without specific authorization under the Rules is invalid – The selection process should be governed by the aggregate marks obtained in written exams and interviews as per Rule 12 of the Goa Civil Service Rules, 2016...
Land Acquisition – Compensation – Market Value – Small plots/parcels of land cannot offer the same market value as large tracts of land – Sale instances of small plots are generally not comparable to large extents of land for determining compensation – The High Court erred in using small plot sale instances to determine compensation for a large area [Paras 1-22].
&...
Right to Property – Article 300-A – Forcible Dispossession – The right to property is no longer a fundamental right but remains a constitutional right under Article 300-A – Forcible dispossession without following due process of law violates human rights and constitutional rights – The State's actions in dispossessing the appellants without legal authority were he...