Work and Contract - Blacklisting - Violation of Principles of Natural Justice - High Court quashed blacklisting order on grounds of pre-determination and violation of natural justice - Supreme Court held blacklisting followed due process with show cause notice and reply considered - Seriousness of contractor's lapse leading to collapse warranted blacklisting [Paras 8-8.7].
Blackli...
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Central Excise Act, 1944 - Confiscation of Properties - Rule 173Q(2) - SARFAESI Act 2002 prevails over Central Excise Act 1944 - Confiscation orders passed under omitted Rule 173Q(2) of Central Excise Rules 1944 lack jurisdiction - Secured creditors' dues have priority over central excise due...
Agricultural Produce – Livestock Products – Inclusion of Ghee – The Supreme Court evaluated whether 'ghee' falls under the category of a 'product of livestock' according to The Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966. The Court also examined the validity of the Government notification, G.O. Ms. No.286 dated 05.07.1994, which declared ...
Delhi Rent Control Act, 1958 - Section 14 - Sub-letting - Eviction - Appellant sought eviction on grounds of sub-letting without landlord's consent - Additional Rent Controller dismissed eviction petition - Appellate Tribunal reversed decision and passed order of eviction - High Court quashed Tribunal's decision under Article 227, restored Rent Controller's order - Supreme Court held H...
Applicability of Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 - In contracts between buyer and supplier, the buyer must make payments within a timeframe, not exceeding 120 days from the day of acceptance or deemed acceptance - Interest chargeable after this period as per Sections 3 and 4 of the Act - Proviso to Section 3 limits payment date to a maxim...
Transaction in Securities and Attachment of Property – Appellant's appeals against Special Court's order for recovery of funds under the Act of 1992 – Involvement of appellant with benami companies and alleged failure to repay borrowed funds – Act focused on handling irregularities in transactions in securities, and provisions for attachment of properties of notified pers...
Constitution of India - Article 14 - Compassionate Appointment - Child of Second Wife - Supreme Court held that compassionate appointment cannot be denied to the child of a second wife of a deceased employee solely on the basis of descent - Such exclusion violates Article 14 of the Constitution - Policy or rule that discriminates against legitimate children born from second marriages is arbitrary ...
Recruitment – Local and Non-Local Candidates – legality of the recruitment process conducted by the Telangana Residential Educational Institutions Recruitment Board, where the contention was regarding the allocation of posts to local and non-local candidates as per the Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order 1975. [Para...
Land Acquisition – Notice and Opportunity to Object – examined the compliance of statutory notice requirements under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965, in the context of land acquisition. The court addressed the issue of whether the absence of individual notice to certain tenure-holders vitiated the acquisition process. [Para 1-6, 16-17]
Applicati...
Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Section 14B - Imposition of Damages - Default or delay in payment of EPF contributions by the employer necessitates imposition of damages under Section 14B - Mens rea or actus reus not required for imposing penalty or damages for breach of civil obligations and liabilities - Judgment of the Division Bench of the High Court of ...