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Service law

SUBHA PRASAD NANDI MAJUMDAR versus THE STATE OF WEST BENGAL SERVICE & ORS

The Notification dated 24.02.2021, which requires a minimum of 10 years continuous teaching experience 'in any State-aided University or Government-aided College', was intended to distinguish between aided and unaided institutions and not to confine past teaching experience to institutions located within West Bengal; excluding employees with equivalent experience from institutions outside West Bengal is an artificial, arbitrary and discriminatory classification lacking nexus with the object of the Notification, and therefore the Division Bench's decision upholding such exclusion was set aside…

Source excerpt

  • Retirement age extension
  • Judicial review
  • Equality and non-discrimination
  • Statutory interpretation
  • State-aided institutions
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Medical education

THE STATE OF KERALA ETC. ETC. versus THE PRINCIPAL, KMCT MEDICAL COLLEGE AND ORS. ETC. ETC.

The Admission and Fee Regulatory Committee lacked power under paragraph 131 of P.A. Inamdar and Sections 8A and 11 of the 2017 Act to direct creation of a State‑maintained corpus fund by diverting part of NRI fees; the Government Order dated 06.06.2018 was therefore quashed. Amounts collected as part of fee structures approved by the Committee may be retained by the self‑financing colleges, but a substantial part must be used to subsidize education for BPL students admitted to those colleges and the colleges must act as trustees and furnish accounts; NRI students are not entitled to refunds o…

Source excerpt

  • Admission and fee regulatory committee
  • Fee fixation
  • Nri seats
  • Corpus fund
  • Refund
  • Statutory interpretation
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Constitutional law

M/S NARESH KUMAR GUPTA versus STATE OF PUNJAB & ANOTHER

The amendment to section 29 of the Punjab Value Added Tax Act, 2005 by the Punjab Value Added Tax Act, 2013 is constitutionally valid; the High Court's conclusion that the amendment was not unreasonable or excessive is affirmed, the proviso and Explanations render the opening part retrospective (thereby removing defects in prior implementation), and an amendment extending limitation can apply even where the original limitation period had expired (relying on Jyoti Traders). Consequently the appeals are dismissed and related transferred cases disposed of in the terms set out by the Court.

Source excerpt

  • Retrospective legislation
  • Limitation / bar of limitation
  • Amendment validity
  • Principles of natural justice
  • Reassessment period
  • Statutory interpretation
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Municipal law

SANJAY SADASHIV BENDRE & ANR. versus THE STATE OF MAHARASHTRA & ORS.

In the absence of any express legislative or regulatory pronouncement to the contrary, the specific retirement prescriptions contained in the Municipal Service Regulations, 1954 (which place Leading Fireman/Tandel in the "inferior service" with retirement at 60) are not displaced by the broader recruitment classification in the Pune Municipal Corporation (Recruitment & Classification of Services) Rules, 2014; accordingly, the reclassification to Class III does not validly reduce the retirement age to 58 and the High Court's conclusion to that effect was reversed.

Source excerpt

  • Retirement age
  • Classification of services
  • Statutory interpretation
  • Recruitment rules
  • Harmonious construction
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Service law

JYOSTNAMAYEE MISHRA versus THE STATE OF ODISHA AND ORS.

The petition was dismissed because the Sub-ordinate Architectural Service Rules, 1979 mandate that all posts of Tracer in Categories I, II and III be filled by direct recruitment (Rule 5(1)(e)) and specify the method for direct recruitment (Rule 7) including public advertisement; the prescribed process was not followed, the post is not a promotional post from Peon, and Article 14 cannot be invoked to perpetuate administrative illegality or claim negative equality.

Source excerpt

  • Promotion
  • Direct recruitment
  • Article 14 - equality
  • Recruitment procedure
  • Statutory interpretation
  • State litigation conduct
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Negotiable instruments act, 1881

SHRI GURUDATTA SUGARS MARKETING PVT. LTD. versus PRITHVIRAJ SAYAJIRAO DESHMUKH & ORS.

The term 'drawer' in Section 143-A refers to the issuer of the cheque (the legal drawer, here the company); an authorised signatory does not become the drawer for purposes of Section 143-A and therefore cannot be directed to pay interim compensation under that provision; vicarious liability of officers arises only under Section 141 when its conditions are satisfied, and cannot be read into Section 143-A.

Source excerpt

  • Section 138 ni act
  • Section 141 ni act
  • Section 143-a ni act
  • Drawer (definition)
  • Authorized signatory of company
  • Interim compensation
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Taxation

THE EXCISE COMMISSIONER KARNATAKA & ANR. versus MYSORE SALES INTERNATIONAL LTD. & ORS.

The Court held that excise contractors were not "buyers" under Explanation(a) to Section 206C because (1) the contractors obtained only the right to retail vend by auction (the arrack itself was procured subsequently from warehouses/depots on permits), so the goods were not obtained by auction, and (2) the retail sale price was fixed by statute within a prescribed minimum and maximum range (thus statutorily fixed); both conjunctive conditions of Explanation(a)(iii) were satisfied, so Section 206C did not apply to Mysore Sales. Further, orders under Section 206C(6) require adequate notice and…

Source excerpt

  • Section 206c (tds)
  • Explanation (a)(iii) to section 206c
  • Natural justice
  • Auction vs licence
  • Statutory interpretation
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Reservation law

CHAITRA NAGAMMANAVAR versus STATE OF KARNATAKA & ORS.

Section 4(1A) of the Reservation Act, 1990 was enacted to extend the operation of the 2001 Rules to universities for filling backlog SC/ST vacancies; the university, having advertised that the mode of selection would be as per the 2001 Rules and having been repeatedly directed by the State to follow those Rules, was bound to follow them; consequently respondent No.7, who was within the preferential age bracket under Rule 6, was entitled to appointment and the High Court decision directing his appointment was correct.

Source excerpt

  • Backlog vacancies
  • Mode of selection
  • University appointments
  • Statutory interpretation
  • Reservation in public employment
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Central excise

COMMISSIONER OF CENTRAL EXCISE BELAPUR versus JINDAL DRUGS LTD.

Because Note 3 to Chapter 18, after the 01.03.2008 amendment, contemplates three independent processes and labelling or re-labelling alone falls within those processes, the activity of affixing labels at the Taloja unit amounted to 'manufacture' under Section 2(f) and the CESTAT order allowing the respondent's claim to cenvat credit and rebate was correct; there was no suppression warranting extended limitation or penalty.

Source excerpt

  • Manufacture
  • Re-labelling
  • Cenvat credit
  • Rebate
  • Statutory interpretation
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Election law

SUDHIR VILAS KALEL & ORS. versus BAPU RAJARAM KALEL & ORS.

Appellant No.1 was not entitled to the protection of Section 3 of the Temporary Extension Act, 2023 because his application for a Validity Certificate had been disposed for non-compliance/rejected and was therefore not a valid pending application on the date of commencement of the Act; he stood automatically disqualified for failing to produce the Validity Certificate within the statutory period and was not entitled to vote, and consequently the No Confidence Motion against the Sarpanch was duly carried; the High Court judgment was therefore affirmed.

Source excerpt

  • Caste certificate verification
  • Validity certificate
  • No confidence motion
  • Automatic disqualification
  • Statutory interpretation
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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