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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 orders directing the employees to deposit the excess arrears. Excess payments had been made to stenographers in Cuttack’s district judiciary. Recovery orders were issued six […]

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 High Court decision which had quashed an FIR against Sri Channakeshava H.D., a public servant accused of corruption. The High Court noted that the Superintendent

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. In 2010, Kapoor Glass, a manufacturer of ampoules and vials, filed a complaint against Schott India, a dominant supplier of neutral borosilicate glass tubes. They

  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 of their absorption. In 1995, a large number of co-operative societies and their employees involved in the distribution of electricity were merged with the Madhya

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, etc. [Bachpan Bachao Andolan v. Union of India, (2023) 9 SCC 133]   Case Comment: A support person is to provide information, emotional and psychological

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 action taken, held, termination of service by competent authority can be nullified on ground of violation of natural justice.  [Amar Kumar v. State of Bihar,

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. Therefore, the S.P., Training Centre, made a recommendation to S.S.P., Amritsar to exercise power under Rule 12.21 of PPR to discharge the probationary constable. In

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, without opportunity to establishment to regularise its operation by obtaining requisite clearances and permissions, even though establishment may not otherwise be violating pollution laws, or

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 were having common ration card. They were members of the same Joint Hindu family. Salary certificate of the deceased was produced on record, however the

Repudiation of claim under fire and special perils policy, for not providing desired documents is not sustainable, when documents were for the purpose of assessment of claim and Surveyor’s report had already been made and accepted by Insurance Company. Held, “In   our   considered   view, invoking   condition   no.   6(b) of   the policy   for   repudiation   dated   11th