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Supreme Court of India

Non Payment of Salary for service under Interim Court Order amounts to Begar: SC

January 11, 2019 1893 Views 1 comment Print

Ram Chet Verma & Anr. Vs State of Uttar Pradesh & Ors. (Supreme Court) Since the appellants have served as per the interim order, obviously they have to be paid the salary for the period they have rendered their services. Non-payment of salary to them for the period they have served under the interim order or otherwise would tantamount to taking begar from them, which is prohibited under Article 23 of […]

Internal Auditors cannot claim same pay scale parity as of Head Clerk in PSEB: SC

January 8, 2019 882 Views 0 comment Print

Internal auditors could not claim parity of pay scale as that of the Head Clerk in the Punjab State Electricity Board (PSEB) merely because they were categorised in same Group XII of Head Clerks as the nature of duties and responsibilities of Internal Auditors were different from Head Clerks. 

Court cannot direct Parliament to amend Section 80DD or any other Act

January 5, 2019 996 Views 0 comment Print

Ravi Agrawal Vs Union of India (Supreme Court of India) The Legislature has provided the condition that amount/annuity under the policy is to be released only after the death of the person assured. This is the legislative mandate. There is no challenge to this provision. The prayer is that Section 80DD of the Act be […]

AO cannot reject transaction value declared in Bills of Entry without giving reasons: SC

December 22, 2018 5439 Views 0 comment Print

Commissioner Of Central Excise And Service Tax Vs M/S. Sanjivani Non-Ferrous Trading Pvt. Ltd. (Supreme Court of India) Original Authority in its Order-in-Original dated 25/03/2015 passed comments on the ground of writ petition and did not properly examine the evidence available with the department required to be examined for enhancement of assessable value. Further, we […]

Depreciation allowable on public roads by treating as buildings

December 17, 2018 8523 Views 0 comment Print

Whether in the facts and circumstances of the case, Hon’ble ITAT was justified in allowing the claim of depreciation on public roads treating the same as building which is not permissible in law?

SC allows Reopening of Income Tax Case of Sonia & Rahul Gandhi

December 6, 2018 2292 Views 0 comment Print

Soniya Gandhi Vs ACIT (Supreme Court of India) Supreme Court of India has allowed Income Tax Department to reopen tax case against Congress leaders Sonia Gandhi and Rahul Gandhi for A.Y. 2011-12 in connection with National Herald case. Hon’ble Supreme Court has held as follows:- “For certain reasons, it is not possible to take up […]

CA can be held guilty of professional Misconduct for his act although unrelated to profession but which brings disrepute to the profession or ICAI

November 24, 2018 12993 Views 0 comment Print

Council of the ICAI Vs Shri Gurvinder Singh & Anr. (Supreme Court of India) The Supreme Court observed that the chartered accountants can be proceeded against for their acts which bring disrepute to the profession whether or not related to his professional work. The bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinha was […]

Arbitrator Appointment not possible if jurisdiction of Designated Officer cannot be invoked by both parties to dispute

November 22, 2018 1332 Views 0 comment Print

The agreement between the parties provides the competent officer and the Commissioner with supervisory control over the execution of work and administrative control over it from time to time and thus to prevent disputes. The intention is not to provide for a forum for resolving disputes. Thus, no Arbitrator could have been appointed by the High Court under Section 11(6) of the Arbitration and Conciliation Act, 1996

Temporary employees entitled To Minimum Wages Applicable to Regular Employees Holding Same Post: SC

November 16, 2018 3267 Views 0 comment Print

Sabha Shankar Dube Vs Divisional Forest Officer & Ors. (Supreme Court of India) The issue that was considered by this Court in Jagjit Singh (supra) is whether temporary employees (daily wage employees, ad hoc appointees, employees appointed on casual basis, contractual employees and likewise) are entitled to the minimum of the regular pay scales on account of their performing the […]

Complaint filed by power of attorney maintainable in law

November 15, 2018 10332 Views 0 comment Print

Sk. Tamisuddin Vs. Joy Joseph Creado & Anr. (Supreme Court of India) A complaint filed by the power of attorney would be maintainable in law. If that is so, the initial complaint filed by the appellant on behalf of Sairabee as the complainant would not be invalid in law as held by the High Court […]

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