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May 10 2019 (SC)

The State of Bihar Vs. The Bihar Secondary Teachers Struggle Committee ...

Court : Supreme Court of India

..... a large number of factors including equal work, equal value, source and manner of appointment, equal identity of group and wholesale or complete identity. this court, even recently, in union of india v. mahajabeen akhtar (2008) 1 scc368 categorically held as under: (scc pp. 376-77, paras 19 &24) factors, namely, ..... constitutional principle of separation of powers between the three organs of the state. realising this, this court has in recent years avoided applying the principle of equal pay for equal work, unless there is complete and wholesale identity between the two groups (and there ..... this court the principle of equal pay for equal work has been considerably watered down, and it has hardly ever been applied by this court in recent years. * * * 35. in our opinion fixing pay scales by courts by applying the principle of equal pay for equal work upsets the high ..... cannot be equated with the clerks of the state government or of bccl. the question of application of article 39(d) of the constitution has recently been interpreted by this court in state of haryana v. charanjit singh(2006) 9 scc321wherein their lordships have put the entire controversy to rest ..... equal work upsets the high constitutional principle of separation of powers between the three organs of the state. realising this, this court has in recent years avoided applying the principle of equal pay for equal work, unless there is complete and wholesale identity between the two groups (and there .....

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May 10 2019 (SC)

Pramod Kumar Vs. Zalak Singh .

Court : Supreme Court of India

..... such omission will be to precluded plaintiff from suing for any relief which is so 17 omitted. the only exception is when he obtains leave of the court. in a recent judgment of this court, the distinction between order ii rule 2(1) and order ii rule 2(3) has been succinctly brought out in virgo industries (eng.) (p) ltd. v .....

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May 08 2019 (SC)

Ssangyong Engineering and Construction Co. Ltd Vs. National Highways A ...

Court : Supreme Court of India

..... ,817 (n.d. iii. 2003)].. some annulment courts have adopted unduly formalistic approaches to the question whether a particular issue or argument was submitted to the tribunal. for example, one recent singaporean decision held that issues not raised in the parties pleadings had not been submitted to the tribunal, notwithstanding the fact that these issues had been raised in argument during ..... is void (as in subsection (a)) or because it does not cover the subject-matter on which the arbitrator reached a decision (as in subsection (c)). for that reason, more recent arbitration statutes often either treat the two grounds as one, as in article 1502 1o of the french new code of civil procedure, or refer generally to the absence of ..... in section 34 of the 1996 act was by another judgment of this court in western geco (supra), which was explained in associate builders (supra) as follows: 28. in a recent judgment, ongc ltd. v. western geco international ltd. [(2014) 9 scc263: (2014) 5 scc (civ) 12]., this court added three other distinct and fundamental juristic principles which must be understood .....

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May 06 2019 (SC)

The State of Odisha Vs. Dhirendra Sundar Das

Court : Supreme Court of India

..... of the state submitted that the division bench had committed a palpable error in directing the state to convene a review d.p.c. 5.2. placing reliance on a recent decision of this court in union of india & ors. v. krishna kumar & ors.1, it was submitted that no right had accrued in favour of the 1 2019 (1) scale691 .....

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Apr 30 2019 (SC)

63 Moons Technologies Ltd (Formerly Known as Financial Technologies In ...

Court : Supreme Court of India

..... traced proceeds of crime amounting to rs. 3973.83 crore to the 25 defaulters; ? ed has attached assets worth rs. 837.01 crore belonging to 12 defaulters; ? as per the recent amendment in the pmla, the assets attached by ed can be used for restitution to the victims. 8.3. the above status indicates that the said enforcement agencies are working ..... investor bodies on the mac in their meeting with the commission have represented the nsel has lost its credibility as an institution. further the employee attrition in nsel in the recent months has been extremely high and it is learnt that the staff strength of nsel has come down considerably, adversely affecting the recovery process. as per the information received from ..... to notice or enquiry arose. it is well settled that natural justice will not be employed in the exercise of legislative power and mr salve has rightly relied upon a recent decision of this court being union of india v. cynamide india ltd. [(1987) 2 scc720 in support of such a position. but is the scheme-making process legislative?. power has .....

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Apr 30 2019 (SC)

Jk Jute Mill Mazdoor Morcha Vs. Juggilal Kamlapat Jute Mills Company L ...

Court : Supreme Court of India

..... a 2 trade union would be an operational creditor within the meaning of the code. even otherwise, a purposive interpretation ought to be granted, as has been done in various recent judgments to the provisions of the code, and that therefore, such an application by a registered trade union filed as an operational creditor would be maintainable. shri gaurav kejriwal, learned .....

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Apr 25 2019 (SC)

Rajan Vs. The Home Secretary Home Department of Tamil Nadu

Court : Supreme Court of India

..... to offences under the arms act. that request will have to be decided by the state only in consultation with the central government. the respondents have then adverted to the recent circulars issued by the state on 1st february, 2018 and 3rd may, 2018 framing guidelines with regard to the premature release of prisoners. according to the respondents, the petitioner is ..... hon ble court. pass any such other order or orders as may be deemed fit and proper. 6. in support of the aforesaid reliefs, the petitioner has relied upon the recent unreported decision of this court in writ petition (criminal) no.61 of 2016, in the case of ram 7 sewak vs. the state of uttar pradesh, decided on 11th october .....

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Apr 24 2019 (SC)

Reliance Life Insurance Co. Ltd. Vs. Rekhaben Nareshbhai Rathod

Court : Supreme Court of India

..... any matter material to the proposal 21 was not disclosed, the insurer may cancel the contract and forfeit the premium. macgillivray on insurance law20 formulates the principle thus: ? in more recent cases it has been held that all-important element in such a declaration is the phrase which makes the declaration the ?basis of contract?. these words alone show that the .....

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Apr 24 2019 (SC)

Dipakbhai Jagdishchndra Patel Vs. The State of Gujarat

Court : Supreme Court of India

..... of a gravely incriminating fact, even a conclusively incriminating fact is not of itself a confession, e.g. an admission that the accused is the owner of and was in recent possession of the knife or revolver which caused a death with no explanation of any other man's possession. some confusion appears to have been caused by the definition of .....

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Apr 15 2019 (SC)

Ashok Kumar Mehra Vs. The State of Punjab

Court : Supreme Court of India

..... .2 sukhwant kumar, i.e., son is concerned, the same, in our view, deserves to be allowed in the 4 light of law laid down by this court in a recent decision of this court in raju vs. the state of haryana, 2019(4) scale398wherein a similar question was involved. this is what was held by this court (three judge bench .....

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