Rectification of return, on the premise of Form GSTR-2A being non-operational at the relevant time is not permissible. The factum of non-operability of Form GSTR-2A, is flimsy plea taken by writ petitioner, it is only a facilitator for taking an informed decision while doing self-assessment [Union of India v. Bharti Airtel Ltd., (2022) 4 SCC […]
In this case appellants were promoted as Assistant Director (Official Language) on ad hoc/officiating basis during years 1993-95 and 2000. High Court by impugned judgment recalled judgment dt. 4-11-2011 and affirmed order of Tribunal directing promotion of appellants in accordance with the 2002 Rules on ground that in Mishri Lal, (2011) 14 SCC 739 it
Service Law — Promotion — Entitlement to: Read More »
These principles are equally applicable to commercial disputes as specified in the Commercial Courts Act, 2015. [Prakash Corporates v. Dee Vee Projects Ltd., (2022) 5 SCC 112]
Where there is delay in paying retirement dues to retired employee, for no fault of his, he is entitled to interest on delayed payment. [A. Selvaraj v. C.B.M. College, (2022) 4 SCC 627]
Employer’s liability to pay compensation: Appellant driver of goods carrier meeting with serious accident resulting in his right upper limb above wrist joint being amputated consequent to which he losing his capacity to drive vehicle. Commissioner was justified in finding appellant’s disability at 100%. Para 9. Therefore, the impugned judgment cannot be sustained and will
Tort Law-Employees’ Compensation Act, 1923 — S. 3 — Read More »
Appellant workman employed as driver in Ghaziabad office, working at Ghaziabad and his services also terminated at Ghaziabad, Held, merely because workman after termination shifted to delhi and sent demand notice from there, and head office of management was in Delhi, it cannot be said that part cause of action had arisen in delhi. Issue
Highest bidder in auction does not acquire any right to have that bid accepted merely because it is the highest bid. Acceptance of highest bid or highest bidder is always subject to conditions of holding the auction and the right of highest bidder is always provisional to be examined in the context in different conditions
In this case of assault by unlawful assembly resulting in death of deceased, there was defective framing of charge by not specifically charging respondent-accused herein under S. 149 IPC. It was held that ingredients for offence under S. 302 r/w S. 149 and S. 148 IPC were specifically brought to notice of accused. Considering S
Penal Code, 1860 — S. 149 [Ss. 302/304/149] Read More »
Common intention contemplated by S. 34 IPC pre-supposes prior concert. It requires meeting of minds. It requires a prearranged plan before a man can be vicariously convicted for the criminal act of another. The criminal act must have been done in furtherance of the common intention of all the accused. In the present case, the
In the present case, alleged abductee (17 years old at the time she left her parental home) had clearly stated that she was neither taken away nor induced and that she had left her home of her own free will. Hence, held, ingredients of S 363 not made out. Kidnapping, held, would necessarily involve enticing
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