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Apr 15 2020 (SC)

Sushilaben Indravadan Gandhi Vs. The New India Assurance Company Limit ...

Court : Supreme Court of India

..... to establish the relationship of employer and employee must necessarily vary from business to business and is by its very nature incapable of precise definition. as has been noted above, recent pronouncements of the court of appeal in england have even expressed the view that it is not necessary for holding that a person is an employee, that the employer should ..... modern eyes appears as an imperfect division of labour. [ see prof. kahn-freund in (1951), 14 modern law review, at p. 505]. 27. it is, therefore, not surprising that in recent years the control test as traditionally formulated has not been treated as an exclusive test.28. it is exceedingly doubtful today whether the search for a formula in the nature ..... bar to carry on any avocation or occupation. therefore, the jewel appraisers are not employees of the bank." 23. at this stage, it is important to advert to a fairly recent judgment of the english court of appeal in e v. english province of our lady of 29 charity and anr. 2012 ewca civ 938. in the aforesaid case, a question ..... is now, as i venture to think, no more than a factor albeit a very important one. roskill j's test was, at p 1760: finally it has been more recently suggested that the matter can be determined by reference to what in modern parlance was called economic reality. all these are matters which have to be borne in mind. to .....

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Apr 01 2020 (SC)

Alembic Pharmaceuticals Ltd. Vs. Rohit Prajapati .

Court : Supreme Court of India

..... eia notification 1994. 29 26. learned counsel appearing for the three industries have relied on a range of additional measures adopted, such as the installation of latest pollution capturing technologies, recent consents from gpcb and certification of zero discharge units. these measures adopted subsequently will not cure the failure to obtain ecs before the projects commenced operation. these measures are simply .....

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Mar 19 2020 (SC)

Rajasthan State Electricity Board Jaipur Vs. The Dy. Commissioner of I ...

Court : Supreme Court of India

..... deterrent effect, the purpose of the levy of the additional income tax is to persuade all the assesses to file their returns of income carefully to avoid mistakes. in two recent judicial pronouncements, it has been held that the provisions of section 143(1-a) of the income tax act, as these are worded, are not applicable in loss cases. the .....

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Mar 17 2020 (SC)

The Joint Labour Commissioner and Registering Officer Vs. Kesar Lal

Court : Supreme Court of India

..... ground that the corpus of the epf scheme is contributed by the employers and the employees, there being no contribution by the state out of the tax revenues. in a recent judgment of this court in ministry of water resources v shreepat rao kamde10 ( shreepat rao kamde ) decided on 6 november 2019, it has been held that a government servant who .....

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Mar 17 2020 (SC)

Bank of Baroda Vs. Kotak Mahindra Bank Ltd.

Court : Supreme Court of India

..... limitation was treated as a procedural law. in countries following civil jurisdiction, the law of limitation has never been treated as a procedural law but as a substantive law. in recent years, almost all the common law countries have either brought a new legislation or by judicial decisions have now taken the view that the law of limitation cannot be treated .....

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Mar 06 2020 (SC)

Indore Development Authority Vs. Manoharlal and Ors. Etc.

Court : Supreme Court of India

..... against retrospectivity does not extend to protect from the effect of a repeal, a privilege which did not amount to accrued right. (p.392) intention giving that *** 18. in a recent decision of this court in national agricultural coop. marketing federation of india ltd. v. union of india, (2003) 5 scc23it has been held that there is no fixed formula for ..... consistent with the general rule or presumption which is itself based on considerations of fairness and justice, as shown by the passage in maxwell quoted, ante, p. 494c-e, and recently emphasised by staughton lj in secretary of state for social security v. tunnicliffe [1991]. 2 all e.r. 712, 724: in my judgment the true principle is that parliament is ..... , dams and buildings of various public establishments/institutions, planned development of urban areas, providing of houses to different sections of the society and for developing residential colonies/sectors. in the recent years, there is acquisition of large tracts of land in rural parts of the 45 (2011) 4 scc76946 (2011) 5 scc553country in the name of development and their transfer to ..... consistent with the general rule or presumption which is itself based on considerations of fairness and justice, as shown by the passage in maxwell quoted, ante, p. 494c e, and recently emphasised by staughton l.j in secretary of state for social security v. tunnicliffe [1991]. 2 all e.r712 724.. visit anyone with unfairness. the learned sg referred to zile .....

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Mar 04 2020 (SC)

Chief Information Commissioner Vs. High Court of Gujarat

Court : Supreme Court of India

..... -obstante clause in section 22 of the rti act shows that the provisions of the rti act would override the high court rules. the learned senior counsel inter alia relied upon the recent judgment of the constitution bench in central public information officer, supreme court of india v. subhash chandra agrawal 2019 (16) scale40 6 10. mr. prashant bhushan, learned counsel appearing for .....

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Mar 04 2020 (SC)

n.c. Santhosh Vs. The State of Karnataka

Court : Supreme Court of India

..... the date of death of the government employee. 6 (2019) 5 scc6007 manu/ka/0203/1999 (writ petition no.37931 of 1998) page 14 of 16 19. in the most recent judgment in state of himachal pradesh & anr. vs. shashi kumar8 the earlier decisions governing the principles of compassionate appointment were discussed and analysed. speaking for the bench, dr. justice d .....

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Mar 02 2020 (SC)

Assistant General Manager State Bank of India Vs. Radhey Shyam Pandey

Court : Supreme Court of India

..... pension. 52 (d). this court considered the enforcement of unreasonable contracts and enforceability thereof in brojo nath ganguly (supra) thus: 83. yet another theory which has made its emergence in recent years in the sphere of the law of contracts is the test of reasonableness or fairness of a clause in a contract where there is inequality of bargaining power. lord ..... , although they have not recognized in themselves any general power (except by statute) to declare broadly that an exemption clause will not be enforced unless it is reasonable. again, more recently, certain of the judges appear to have recognized the possibility of relief from contractual obligations on the ground of 'inequality of bargaining power.'" what the french call contracts d adhesion ..... .46. the vrs scheme was not floated by the sbi on its own volition. it was pursuant to an exercise that was undertaken by the iba in view of the recent developments of modern technology considering the age group of the employees in the bank, the need to have a new skill, and to rationalise the manpower; a decision was taken .....

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Feb 27 2020 (SC)

Arun Kumar Gupta Vs. State of Jharkhand

Court : Supreme Court of India

..... have to be given due credence and weightage. for example, as against some very old adverse entries where the immediate past record shows exemplary performance, ignoring such a record of recent past and acting only on the basis of old adverse entries, to retire a person will be a clear example of arbitrary exercise of power. however, if old record pertains .....

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