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...
Rajiv Gandhi University of Health Sciences, Karnataka – B.Sc. Nursing course – Technical glitches in uploading student details – Writ petition filed seeking direction to consider representation and enable web portal for uploading details and issuing registration numbers – Admission Register found to have fabricated entries and additions made after the last date for uploadin...
Dam Safety – Mullaperiyar Dam – Interim Supervisory Committee – Court orders the continuation and strengthening of the Supervisory Committee constituted under the 2014 judgment until the National Dam Safety Authority (NDSA) is fully operational – The Supervisory Committee to function as the NDSA and be accountable for all matters relating to the dam's safety, including ...
Customs Act, 1962 - Section 130 - Appeal against order - Final order passed by the Customs, Excise & Service Tax Appellate Tribunal (the Tribunal) allowing the appeal filed by the respondent-assessee - Duty demanded, penalties imposed, and fine redemption ordered - Loss of imported goods during transit - Replacement of lost quantity by the respondent to fulfill export obligation - Non-claiming...
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...
Hindu Marriage Act, 1955 – Section 13(1)(1-a) – Dissolution of marriage – Cruelty – Appeal against dismissal of petition – Evidence of wife remained unchallenged – Effect of non-cross-examination of witness – Family Court erred in rejecting the petition – Judgment and decree set aside – Appeal allowed. (Para 12 and 13)
Cross-examin...
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...