Supreme Court Judgement Archives - Page 18 of 21

Retrenchment of the Workman must be proved to gain the right re-employment under 25(H) of the Industrial Disputes Act, 1947

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April 23, 2020

Aashray Chaudhary | Symbiosis Law School, Hyderabad | 29th December 2019 Management of the Banara Cooperative Marketing-cum-Processing Society Ltd. v. Workman Pratap Singh Facts The respondent here worked as a…

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Supreme Court Judgement

Retrenchment of the Workman must be proved to gain the right re-employment under 25(H) of the Industrial Disputes Act, 1947

Courts have the Power to allow such relief having regard to the that of UPSC, if the interpretation so adopted is narrow and over-restrictive although the error committed by the petitioner is clearly unintentional and bona fide.

ZERO FIR is Mandatory in Cognizable Offence irrespective of their Jurisdiction: Delhi High Court

All the accused ought to be judged equally by the given deposition.

Plea of Title through Adverse possession can be used as a sword as well as a shield

If Some Part Of The Statement Is Found To Be Unproved, Entire Testimony Of Witnesses Cannot Be Rejected.

The party filing for grant of temporary injunction, must make out a Prima Facie case

Teachers at any level of education are not eligible for gratuity under Payment Gratuity Act, 1972

Disciplinary Proceedings are not that of a Quasi-Criminal Nature and doesn’t follow the rules of Criminal Jurisprudence

Employees appointed after 1/7/2006 for the posts listed under Bihar Municipal Body Elementary Teachers (Employment and Service Conditions) Rules, 2006 are not borne on the service of the government.

Seeking financial assistance for meeting domestic expenses would constitute demand for dowry: SC

Court should not interfere, when the selection committee along with the expert committee has already decided the post of Assistant professor of a University.

Element of Disability not admissible in the Defence Service if the Disability is less than 20%

Courts cannot conclude against the appellant merely on assumptions and conjectures, if prosecution has failed to discharge its burden of prove against the appellant beyond reasonable doubt.

Cut-off’s by moderation committee can be decided only after results publication.

The preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner; Moreover, possibility of political influence cannot be ruled out in these cases: Allahabad HC

Insurance Company cannot raise delay as a Ground for Repudiation

Ex-Parte Order Of State Consumer Commission Can Be Challenged Before NCDRC, hence HC will not exercise its extraordinary Writ Jurisdiction.

Submission of an application does not confer a vested right for permission of conversion of land from Leasehold to Freehold.

‘Common object’ is the question of fact and mere discrepancy in the medical & ocular evidence shall be ruled out, unless the former vanishes all the possibilities of the latter

Conviction solely on the circumstantial evidence cannot be made unless chain of circumstances is established.

Guidelines in the matter of appointment of Amicus Curiae to defend the accused in serious Criminal matter.

Elevation of the Advocate to bench and appointment of Junior Counsel as Amicus Curaie is no ground to remand the case & sentencing needs special consideration of all the underlying circumstances

Inflicted with adverse order you have a right of minimum opportunity of hearing

Paramount consideration in case of custody of Child is Child’s welfare and well-being, disregarding Statutory provisions and strict rules of Evidence.