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Supreme Court

Supreme Court Dismisses Appeal of Educational Institute in Gratuity Dispute — Teacher Held Entitled to Gratuity Under Amended Definition. The Court applied the retrospective amendment to Section 2(e) of the Payment of Gratuity Act, 1972, which included teachers as employees, and upheld the orders of the controlling authority and High Court.

7 Mar 2019

The appeal arose from a dispute between Birla Institute of Technology (BIT) and a retired Assistant Professor (respondent No.4) regarding payment of g...

Supreme Court

Supreme Court Dismisses Institute's Appeal in Gratuity Dispute — Retrospective Amendment Covers Teachers Under Payment of Gratuity Act. Teacher's Claim for Gratuity Upheld as Amended Definition of 'Employee' Includes Teachers with Retrospective Effect from 1997.

7 Mar 2019

The Supreme Court of India dealt with an appeal by Birla Institute of Technology (BIT) against the State of Jharkhand and others, concerning the entit...

Supreme Court

Supreme Court Upholds Refund Order in Unfair Trade Practice Case, Denies Specific Performance. Forfeiture of Earnest Money Upheld Due to Buyer's Default Under Clause 10 of Plot Buyer's Agreement.

7 Mar 2019

The appellant, Sudha Gupta, filed an appeal under Section 53T of the Competition Act, 2002 read with Section 55 of the repealed Monopolies and Restric...

Supreme Court

Supreme Court Allows Appeal in Service Law Case — Monetary Benefits Granted from Date of First Appointment. Delay in Filing Writ Petition Not Attributable to Employee; Benefits Cannot Be Restricted to Three Years Prior to Filing.

6 Mar 2019

The appellant, Giridhar, was appointed as a Lecturer in a college on 26.12.1989 against a post reserved for the scheduled tribe category, despite not ...

Supreme Court

Supreme Court Dismisses Appeal in Seniority Dispute Over Catch-Up Rule for Reserved Category Promotions. Consequential Seniority for Scheduled Caste Promotee Upheld as Regular Promotion Not Fortuitous.

5 Mar 2019

The case involves a seniority dispute between two officers of the Government of Maharashtra: Sudhakar Baburao Nangnure (appellant, open category) and ...

Supreme Court

Supreme Court Upholds NGT Directions on Buffer Zones for Lakes and Rajakaluves in Bangalore — Environmental Protection Prevails Over Development Rights. The Court held that the NGT's directions for buffer zones of 75 meters around lakes and 25-50 meters around Rajakaluves are valid and must be implemented prospectively, rejecting retrospective application.

5 Mar 2019

The case involves multiple appeals under Section 22 of the National Green Tribunal Act, 2010, challenging orders of the National Green Tribunal (NGT) ...

Supreme Court

Supreme Court Allows Appeal Against High Court's Mandamus for Compassionate Appointment After 21-Year Delay. Claim for Compassionate Appointment Rejected as Stale Due to Inordinate Delay.

1 Mar 2019

The Supreme Court allowed the appeal filed by the Government of India against the judgment of the Madras High Court, which had directed the grant of c...

Supreme Court

Supreme Court Dismisses Repeated Enrolment Attempts by Advocate Whose Earlier Enrolment Was Cancelled for Misrepresentation. The Court held that subsequent acquittal does not cure the initial suppression of facts under Section 26 of the Advocates Act, 1961, and repeated applications constitute abuse of process.

1 Mar 2019

The appellant, Anand Kumar Sharma, was enrolled as an advocate with the Bar Council of Himachal Pradesh in July 1988. He later transferred his enrolme...

Supreme Court

Supreme Court Dismisses Challenge to Disqualification Clause for Workman Director in Nationalised Banks — Clause 3(2)(iii)(b) of the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1970 Held Valid Under Article 14. The Court upheld the requirement that a workman must have at least three years of residual service to be nominated as a director, finding it a reasonable classification.

1 Mar 2019

The appeal arose from a writ petition filed by the Federation of Bank of India Staff Unions and another against the Union of India and the Bank of Ind...

Supreme Court

Supreme Court Allows State's Appeal in Pension Entitlement Case - Resignation Forfeits Past Service Under Punjab Civil Services Rules. Rule 7.5(1) of Punjab Civil Services Rules disentitles a resigning employee to pension as past service stands forfeited.

1 Mar 2019

The respondent, Gurbaran Singh, was appointed as a pharmacist by the Director Health Services, Punjab on 05.09.1975 on a regular basis. During his ten...

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