Employees Absorbed Post-Merger Entitled to Pension Benefits
The Supreme Court held that employees who are absorbed into a service under the State Government are entitled to pension benefits at par with regular employees, from the date…
Effects-based Analysis Essential to demonstrate violation of Competition Act
The Supreme Court held that volume-based discounts by a market player do not automatically amount to discriminatory pricing under Competition Law. There must be demonstrable evidence of harm to competition.…
Preliminary Enquiry Not Necessary to Register FIR in Corruption Cases- Prevention of Corruption Act, 1988
The Supreme Court held that a preliminary enquiry in corruption cases, while desirable, is not mandatory under the Prevention of Corruption Act, 1988. The Court was hearing appeals against a Karnataka…
Recovery of Excess Payments – employer /employee
The Supreme Court held that excess payments made to an employee, without any misrepresentation or fraud on their part, cannot be recovered by an employer. The Court also quashed recovery…
Remedial action/ Reclamation / Rehabilitation measures / Compensation / Disgorgement of gains of wrongdoer / Other Measures — Ex post facto/Revised environmental clearance (EC) and / or forest clearance (FC General Principles of Environmental Law): Environment Law
An establishment contributing to economy of country and providing livelihood to hundreds of people, held, cannot be closed down for technical irregularity of shifting its site without prior environmental clearance,…
Termination of Service / Discharge Simpliciter or punitive- Service Law
After the completion of the deputation, while the other trainee constables reported back to the Training Centre and joined, the respondent-plaintiff neither reported back nor gave any intimation for his non-reporting.…
Termination of Service —— Necessity of Compliance of Natural justice- Service Law
As termination of services of appellant probationers without holding proper enquiry and granting opportunity of hearing, termination order declared illegal and set aside. Where allegation of misconduct constitutes foundation of…
Role, duties and responsibilities of Support Person – Protection of Children from Sexual Offences Rules, 2020 — Rr. 2(7), 4(7) & (9), 5 and 12
Legal entitlement to avail services of support person, explained. Directions issued to take action, frame rules/guidelines with respect to support persons ecosystem for eligibility, selection, appointment, training, pay, career advancement,…
Proof of Employer-employee relationship under Employees Compensation Act, 1923 — Ss. 3 and 4 — Employer’s liability to pay compensation
In the evidence led by the appellant no.1, she admitted in her cross-examination that the owner of the vehicle was brother of her husband. It was further admitted that they…
Transfer of Property Act, 1882 — S. 53-A — Applicability
The buyer having performed his part of contract and lawfully in possession acquires possessory title which is liable to be protected in view of S. 53-A TPA. Such possessory rights…