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LEGAL UPDATES

Sr. No Court Subject View
145 Supreme Court Supreme Court dismisses SLP for quashing criminal case against Managing Director for accidental death of a worker in a factory Clilck Here
144 Delhi High Court Issuing of notice, wherein the loss caused to an employer is clearly quantified, is a sine qua non for forfeiture of gratuity Clilck Here
143 Bombay High Court Borrower has no right of hearing before Magistrate allows possession of assets under SARFESI Act Clilck Here
142 Karnataka High Court Work from home after availing the maternity benefit could be given only in case where the nature of work assigned to the women is such that it is possible for her to work from home Clilck Here
141 Karnataka High Court When a person is permitted to work from home merely as a concession or a convenience, territorial jurisdiction of a Court will be where the official place of work is located and not the place of residence Clilck Here
140 Bombay High Court PF authorities cannot initiate recovery proceedings during appeal period of 60 days Clilck Here
139 Supreme Court Mens rea or actus reus is not an essential element for imposing penalty/damages under Section 14B of the EPF Act Clilck Here
138 Supreme Court 'Business to Business’ disputes cannot be construed as consumer disputes under the Consumer Protection Act Clilck Here
137 Bombay High Court Re-structuring of the organisation or resizing of the labour force does not give liberty to an employer to dispense with the services of all the employees and recruit fresh hands in their place Clilck Here
136 Supreme Court Supreme Court vacates HC stay on the implementation of Haryana State Employment of Local Candidates Act, directs not to take coercive steps against employers Clilck Here
135 Supreme Court An exception and/or an exempting provision in a taxing statute should be construed strictly Clilck Here
134 Supreme Court The principle of promissory estoppel shall not be applicable contrary to the Statute Clilck Here
133 Supreme Court In the event of a conflict between a statement in an advertisement and service regulations, the latter shall prevail Clilck Here
132 Supreme Court Employees of an independent autonomous entity registered under the Societies Registration Act, are not entitled benefits on par with the State Government employees Clilck Here
131 Supreme Court Courts cannot rely on comments made during the course of the mediation or settlement proceedings Clilck Here
130 Bombay High Court Nobody has a fundamental right to a public holiday  Clilck Here
129 Supreme Court An employee, as a matter of right, is not entitled to avail the services of an Ex-employee of the Bank as his DR in a departmental proceeding Clilck Here
128 Supreme Court Acquittal in a criminal trial has no bearing or relevance on the disciplinary proceedings as the standard of proof in both the cases are different Clilck Here
127 Supreme Court Employees who have refused the offer of regular promotion are disentitled to the financial upgradation benefits envisaged under the O.M. dated 9.8.1999 Clilck Here
126 Delhi Court An organisation is expected to be empathetic to the cause of a pregnant woman rather than making bald allegations to deprive them of the benefits of the Maternity Benefit Act 1961 Clilck Here
125 Supreme Court Impleadment of few affected employees would be sufficient compliance of the principle of joinder of parties Clilck Here
124 Supreme Court Right to promotion is not considered to be a fundamental right but consideration for promotion has now been evolved as a fundamental right Clilck Here
123 Supreme Court Post SC ruling in Texmo Industries case ESIC issues circular stating that conveyance allowance will not be a 'wage' under ESI Act Clilck Here
122 Supreme Court Section 9A of the ID Act shall be attracted if transfer would result in the change of service conditions and reduction of employees  Clilck Here
121 Supreme Court Prosecution under Minimum Wages Act not maintainable in the absence of specific assertions that the Director was in-charge of and responsible to the company - Supreme Court Clilck Here
120 Supreme Court Civil court has no jurisdiction to entertain a claim based on the Industrial Disputes Act Clilck Here
119 Supreme Court In a contempt jurisdiction, the court will not travel beyond the original judgment Clilck Here
118 Supreme Court A person can resign at any time during his service, however, he cannot ask for premature/voluntary retirement unless he fulfils the eligibility criteria Clilck Here
117 Supreme Court Retrospective seniority cannot be claimed from a date when an employee is not even borne in service Clilck Here
116 Supreme Court Chairman/Managing Director/Executive Director/Deputy General Manager/Planner & Executor,cannot be held vicariously liable unless there are specific allegations and averments against them with respect to their individual role Clilck Here
115 Supreme Court Mere delay in relieving an employee from duties, under a VRS, would not impact the acceptance of his resignation Clilck Here
114 Supreme Court Considering the principles laid down in Section 106 of the Indian Evidence Act, 1872, the burden is on the employee to come out with a case that he was not gainfully employed during the relevant period Clilck Here
113 Supreme Court A caretaker/servant, acquires no interest in the subject property irrespective of his long possession Clilck Here
112 Delhi High Court Date for mandatory E-seeding of Aadhaar number along with the Universal Account Number generated under the EPF Act extended till 30th November 2021 Clilck Here
111 Supreme Court Educational qualification is a valid ground for classification between persons of the same class in matters of promotion Clilck Here
110 Supreme Court Application for change of date of birth cannot be made at the fag end of service - Supreme Court summarises the law on the subject Clilck Here
109 Supreme Court No automatic reinstatement for violation of Section 25F in case of a daily wager with a public authority and suitable compensation would be the appropriate remedy Clilck Here
108 Supreme Court Principle of equal pay for equal work cannot be applied merely on basis of designation  
 Clilck Here
107 Supreme Court Employee is not estopped from challenging the conditions of employmennt which are not in conformity with the statutory requirement under the law Clilck Here
106 Supreme Court Conveyance Allowance paid to employees would not attract ESI contributions Clilck Here
105 Supreme Court Mere harassment will not amount to abetment of suicide Clilck Here
104 Bombay High Court The right to carry on a competing business does not and cannot extend to the illicit use of another party’s confidential information and data Clilck Here
103 Supreme Court Subordinate Courts should not mention the names of the victims in cases involving sexual offences Clilck Here
102 Supreme Court States/UTs to ensure implementation of statutory duty imposed on Contractors under the Inter-State Migrant Workers Act Clilck Here
101 Supreme Court A contractor who enters into a pure Supply Contract is statutorily exempted from levy under the BOCW Act  Clilck Here
100 Bombay High Court Bombay HC directs State to take action against E-commerce dealers, for supplying various non-essential items in violation of clause 16 of the SOP dated 13th April, 2021 Clilck Here
99 Madras High Court Policy decision taken by the State to allow certain industries to function during a Lockdown cannot be interfered under Article 226 unless it shown that such decision was absurd to the meanest mind  Clilck Here
98 Supreme Court Approval of a resolution plan does not ipso facto discharge a personal guarantor (of a corporate debtor) of her or his liabilities under the contract of guarantee Clilck Here
97 Kerala High Court The Chartered Accountants Act does not empower the Council to adjudicate inter se dispute between members of the Institute or disputes between partner-members of a Firm Clilck Here
96 Bombay High Court An administrator of Whatsapp group cannot be held criminally liable for objectionable post of its member Clilck Here
95 Kerala High Court System Generated Harassment' - Kerala High Court deprecates delay in incorporating a LLP by the Central Registration System Clilck Here
94 Kerala High Court Stipulation that 'only male candidates can apply' for the post of a Safety Officer is violative of the provisions of Articles 14, 15 and 16 of the Constitution Clilck Here
93 Bombay High Court Bombay High Court directs Labs to provide RTPCR reports on whatsapp and upload report of positive patients on ICMR website within 24 hours Clilck Here
92 Supreme Court An entry made in a balance sheet of a corporate debtor would amount to an acknowledgement of liability under Section 18 of the Limitation Act Clilck Here
91 Supreme Court Blanket interim order of not to arrest or “no coercive steps” cannot be passed by a High Court mechanically and in a routine manner Clilck Here
90 Supreme Court On the date of approval of resolution plan by the Adjudicating Authority, under the IBC, all such claims, which are not a part of resolution plan, shall stand extinguished Clilck Here
89 Supreme Court No entitlement for compassionate appointment after the passage of a long period of time Clilck Here
88 Supreme Court Only contradictions in material particulars and not minor contradictions can bea ground to discredit the testimony of the witnesses Clilck Here
87 Supreme Court A corporate person, extending guarantee for a principal borrower not being a corporate person, would still be covered within the meaning of expression “corporate debtor” in Section 3(8) of the IB Code l Clilck Here
86 Supreme Court Sections 241 and 242 of the Companies Act, 2013 do not confer any powers on the NCLT to order reinstatement of a Director who is removed from office  Clilck Here
85 Supreme Court Courts should desist from expressing any stereotype opinion on women, in words spoken during proceedings, or in the course of a judicial order Clilck Here
84 Bombay High Court Registration of Copyright is not mandatory to sustain a suit for infringement Clilck Here
83 Supreme Court Incomprehensible orders passed by a High Court do dis-service to the cause of ensuring accessible and understandable justice to citizens Clilck Here
82 Karnataka High Court When carrying out a search of the premises, as regards any electronic equipment, Smartphone or e-mail account, the search team to be accompanied by a qualified Forensic Examiner Clilck Here
81 Bombay High Court Bank accounts of the family members of a taxable person cannot be attached Clilck Here
80 Supreme Court A prolific use of the ‘cut-copy-paste’ function by a Judge should not become a substitute for substantive reasoning which is the defining feature of the judicial process Clilck Here
79 Supreme Court Supreme Court ends extension of limitation period - period from 15.3.2020 to 14.4.2021 to be excluded for calculating limitation Clilck Here
78 CESTAT Bangalore In case of seconded employees, service tax is not leviable under the category of manpower recruitment or supply of manpower service Clilck Here
77 CESTAT Bangalore No Service Tax is applicable on permanent transfer of IP Rights Clilck Here
76 Supreme Court No TDS liability on amounts paid by Indian companies for the use of software developed by foreign companies Clilck Here
75 Supreme Court The period of limitation under Section 34 would commence from the date on which the signed copy of the Arbitration award was provided to the parties Clilck Here
74 Central Government Central Government notifies the Code on Wages (Central Advisory Board) Rules, 2021 Clilck Here
73 Supreme Court Salaries and Pension constitute the rightful entitlement of the employees and are payable in accordance with law Clilck Here
72 UK Supreme Court UK Supreme Court holds drivers, whose work is arranged through Uber’s smartphone application are workers of Uber and not Independent Contractors Clilck Here
71 Supreme Court The presence of an arbitration clause within a contract between a State Instrumentality and a Private Party is not an absolute bar to availing remedies under Article 226 Clilck Here

 

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