Service -- Salary and benefits - AYUSH doctors and Doctors under CHS - Action on the part of appellants by not paying salary and due benefits to AYUSH doctors, while their counterparts in CHS systems received salary and benefits in full held, discriminatory - Respondent doctors held, entitled to their full salary arrears with 6% interest from date of order until date of..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of Minor's property by mother - Permissibility - Mother intended to dispose of minor's property and purchase a flat in joint names of herself, her daughter and minor son - By purchase of flat she can avoid payment of rent every month to a third party and she can comfortably educate her children and save certain..........
Arbitration and Conciliation Act, 1996, Section 37(1)(c) -- Arbitral award - Appeal against - Conjoint reading of all documents reveal that there were no guidelines at all that provide for royalty being factored as cost while fixation of tariff - Finding of Arbitral Tribunal regarding existence of law to the effect that royalty payable shall be permitted as a pass-through..........
Finance Act, 2017, Section 184 -- Validity of S.184 of the Act: (i) S.184 Provisos First, Second and Third of the Act in respect of fixing 50 years as minimum age for appointment to Tribunals and payment of HRA, S.184(7) relating to recommendation of two names for each post by SCSC and further requiring decision to be taken by Government preferably within 3 months are..........
Consumer Protection Act, 1986, Section 12 -- Loan agreement - Pre-closure charges - Bank, the beneficiary of pre-closure clause had already scaled down levy of premium to 1% instead of 2% - Once a loan agreement signed between parties, a concluded contract came into being incorporating pre-payment charges and agreement would bind the parties - Pre-payment charges thus,..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Written statement - Delay of 7 days beyond 30+45 days in filing written statement - Condonation of delay - Application for condonation of delay dismissed relying upon case of New India Assurance Company Limited - However, application for condonation of delay was filed prior to said judgment - Said judgment..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Show cause notice was issued and served and JD even appeared and sought time to make payment and thereafter stopped appearing - Although conditional warrant of arrest has been issued, but it is stated that in case payment is made, then JD is not to be arrested and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 20(b)(ii)(C) -- Recovery of 20 kgs Ganja - Nature of offence - Quantity recovered is 20 kgs, which cannot be said as commercial quantity - Conviction of accused u/s 20(b)(ii)(C) of the Act is not sustainable instead he can be convicted only for offence punishable u/s 20(b)(ii)(B) of the Act - Since..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Eviction order - Non-compliance of order of payment of arrears of rent - During pendency of a litigation, obligation of a tenant to pay monthly rent is sacrosanct - If rents are not paid, then tenant has no right to put forth any defence and proceedings whether before Rent Controller or before..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Of lesser amount than that of cheque amount - Part payment of cheque amount received - Notice issued of actual amount due - Notice not invalid...........
