Social Welfare Legislation – ESI Act – Applicability to BCCI – Whether BCCI qualifies as "shop" under the ESI Act – High Court and ESI Court held BCCI's activities to be systematic commercial activities – BCCI's primary objective to promote cricket does not exempt it from ESI Act – Liberal interpretation of "shop" under social welfare...
Passport Act, 1967 – Section 6(2)(f) – Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 3, Section 14(5)(d) and (e), Section 15(2) – Proceedings before Juvenile Justice Board – Whether constitutes ‘Criminal Court’ – Petitioner falsely implicated in criminal case – Juvenile at the time of occurrence – Applied for re-i...
Transfer of Investigation – Law and Principles – In cases involving high officials of State authorities, accusations against top officials of the investigating agency, or where the investigation is prima facie tainted/biased, the Court may exercise its constitutional power to transfer the investigation to CBI. This aligns with the Supreme Court's directives in "State of West B...
Environmental Law – Flood Management – Overflooding of Ghaggar Basin – Final Model Study Report by CWPRS, Pune – State Governments of Punjab and Haryana directed to implement recommendations – Periodical stakeholder meetings every four weeks to monitor progress – Ghaggar Standing Committee to report every three months to CWC – CWC to submit report to Supre...
Mining Law – Coal Block Allocation – Wrongful Inclusion – Respondent No.1 (UOI) failed to follow due process, leading to wrongful inclusion of appellant in list of illegal coal block allotments – Appellant followed proper procedure under MMDR Act and MC Rules – UOI's callous approach caused appellant loss and ignominy – Allocation to appellant not through Sc...
Civil Procedure Code – Counter Claim – Order 8 Rule 6A – Counter claim must be against the plaintiff and must be instituted before the defendant has delivered his defense or before the time limit for delivering his defense has expired – Counter claim can be made on a separate or independent cause of action, but it has limitations such as pecuniary limits of the court's ...
Passport Act, 1967 – Section 6(2)(f) – Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 3, Section 14(5)(d) and (e), Section 15(2) – Proceedings before Juvenile Justice Board – Whether constitutes ‘Criminal Court’ – Petitioner falsely implicated in criminal case – Juvenile at the time of occurrence – Applied for re-i...
Educational Law – UGC Regulations – Exemption from NET – 2016 UGC Regulations exempting Ph.D. holders from NET applied retrospectively – Dr. Jayakumar's appointment in compliance with earlier regulations – Appointment upheld – Appeals allowed – High Court judgment set aside [Paras 1-27].
Declaratory and Clarificatory Amendments – Int...
Maternity Leave – Central Civil Services (Leave) Rules, 1972 – Rule 43 – The appellant, a government employee, applied for maternity leave for her first biological child – Leave was denied on the ground that she had two stepchildren from her husband's previous marriage, thereby exceeding the limit of two surviving children stipulated under Rule 43 – Tribunal and H...
Tea Board (Plaintiff) vs. Peermade Tea Co. Ltd. (Defendant) - Suit for declaratory decree and return of machineries or alternative money decree for Rs. 7,01,274.54 along with damages due to breach of hire purchase agreement [Para 1].
Tea Board, a statutory body under Tea Act, 1953, provided machineries to Peermade Tea Co. under "Tea Machinery Hire Purchase Scheme." Agreement executed ...