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Bombay High Court Allows Reinstatement of Nurse in Saibaba Sansthan Case Due to Disproportionate Punishment for Pursuing Higher Education. Termination for Unauthorized Absence While Seeking Leave for Nursing Course Set Aside Under Industrial Disputes Act, 1947.

The petitioner, Smt. Vidya Vijay Kadam, was appointed as a trained nurse by Shri. Saibaba Sansthan, Shirdi, on 6 January 1992 on probation for two yea...

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High Court of Bombay Hears Builders' Challenge to Provident Fund Coverage of Casual Construction Workers. Para 26(2) Amendment to Provident Fund Scheme Removes Waiting Period, Requiring Membership from Date of Joining.

Three writ petitions were filed by builders—Sandeep Dwellers Pvt. Ltd., M/s. R.B. Constructions, and Builders Association of India with its members�...

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Bombay High Court Quashes Trial Court's Order Refusing Amendment in Land Acquisition Reference, Permits Inclusion of Mango Tree Claim. Amendment Sought Six Years After Filing of Reference Under Section 18 of Land Acquisition Act, 1894 Allowed as Pragmatic View Required to Subserve Ends of Justice.

The case arose from a land acquisition proceeding in which the petitioner's land was acquired, and he filed a reference under Section 18 of the Land A...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Supreme Court Allows Appeal in Motor Accident Compensation Case — Future Prospects Awardable in Permanent Disablement Cases. Loss of earning capacity must consider functional disability and actual income, not merely physical disability percentage.

The appellant, Pappu Deo Yadav, was a 20-year-old data entry operator earning ₹12,000 per month when he suffered a serious motor accident on 18.05.2...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Supreme Court Examines Whether Land Acquisition Act Permits Acquisition of Building Part Without Underlying Land; State's Appeal Against High Court Quashing of Acquisition Without Land Under Consideration

The State of Maharashtra appealed against a common judgment of the High Court which quashed land acquisition proceedings initiated under the Land Acqu...

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Supreme Court Refers to Three-Judge Bench the Question Whether Quantity of Mixture or Pure Drug Content Determines Punishment Under NDPS Act. The Court Held That E. Micheal Raj Requires Reconsideration as It Omitted Note 2 of Notification and the Scheme of the Act Treating Preparations as a Whole.

The Supreme Court, in a reference arising from multiple appeals and writ petitions, considered the correctness of the decision in E. Micheal Raj v. In...