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Mere non-performance of an Agreement to Sell by itself does not amount to the offences of cheating and criminal breach of trust.
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Doctrine of proportionality cannot be invoked in cases where the root of the employment itself is based upon a forged document – Rajasthan HC
Doctrine of proportionality cannot be invoked in cases where the root of the employment itself is based upon a forged document.
Judgement attached
If Payments are made in relation to the ESOPs, it would have been necessary to deduct the value thereof to arrive at the value of the perquisite – Madras HC
If Payments are made to employees in relation to the ESOPs, it would have been necessary to deduct the value thereof to arrive at the value of the perquisite.
Judgement attached.
An employee cannot seek a change in the recorded date of birth after a considerable lapse of time – Karnataka HC
The Karnataka HC has held that an employee cannot seek a change in the recorded date of birth after a considerable lapse of time.
Copy of judgement attached.
Maharastra publishes Draft notification for revising minimum wages in Employment in shop or commercial establishments, etc
Mah publishes Draft notification inviting suggestions for revision of minimum wages in Employment in shop or commercial establishment not being an employment in any bank or an employment which is included under any other entries in the Schedule.
Copy of notification attached.
State Government cannot retrospectively reduce an employee’s pay scale and recover the excess amount granted – Supreme Court
State Government cannot retrospectively reduce an employee’s pay scale and recover the excess amount granted.
Copy of judgement attached.
EPFO Launches Online Module for Surrender of Exemption
EPFO has announced the launch of its New Online Module to simplify surrender of Exemption.
Text of Press Release attached.
Under Article 226, it is impermissible for the High Court to reappraise the facts in a departmental enquiry – Supreme Court
Under Article 226, it is impermissible for the High Court to reappraise the facts in a departmental enquiry. The Supreme Court held that where there is some evidence which the authority entrusted with the duty to hold the enquiry has accepted and which evidence may reasonably support the conclusion that the delinquent officer is guilty of the charge, it is not the function of the High Court to review the evidence and to arrive at an independent finding on the evidence
Copy of judgement attached
Non-response/silence with respect to the appointment of an arbitrator will not be presumed as a consent – Delhi HC
The Delhi HC has held that consent requires consensus ad idem and there must be positive consent present from the petitioner side with respect to the appointment of an arbitrator. If such consent is absent, the appointment becomes unilateral and ex facie illegal.
Copy of judgement attached
Contribution for community services under MoU with Union is business expenditure – Bombay HC
Contribution to public welfare fund, if connected with or related to carrying on assessee’s business, or if it results in benefits to assessee’s business, should be allowable deduction u/s 37.
Copy of judgement attached
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