Posts

Must Read

Gulshan Prakash v. State of Haryana (2010) 1 SCC477

By
Image
Gulshan Prakash v. State of Haryana (2010) 1 SCC 477||Case Summary  Introduction  In this appeal, the Court has interpreted Article 15(4) of the Fundamental Right. It has been added by the 1st Amendment Act, of 1951. Facts The State of Haryana instructed Maharshi Dayanand University (MDU), Rohtak to conduct entrance examination for MD/MS/PG courses for the Session 2008-2009. The appellant made a representation to the Health Secretary for providing reservation for SC and ST in the Post Graduate courses, Since there was no response from the Health Secretary the Appellant filed a petition in the High Court.  The High Court dismissed the petition of the appellant therefore the appellant approached the Supreme Court by Special Leave Petition under Article 136. Appellant Contentions  MDU, Rohtak has provided 20% reservation for the graduate level courses or undergraduate courses therefore the said University should also provide reservation in for the PG courses.  The Government o
Post a Comment
Read more

Pradeep Kumar Biswas v. Indian Institute of Chemical Biology, 2002

By
Image
Pradeep Kumar Biswas v. Indian Institute of Chemical Biology, 2002||Case Summary Introduction   In Pradeep Kumar Biswas v. Indian Institute of Chemical Biology, 2002 the Supreme Court reconsidered the decision of " Subhajit Tewary v. Union of India, 1975 in which the Court held that CSIR (Council of Scientific and Industrial Research) does not come under the definition of "State" as CSIR is not an authority within the meaning of Article 12 . Facts   In Pradeep Kumar Biswas v. Indian Institute of Chemical Biology, 2002 the appellant approached the Supreme Court through Special Leave Petition under Article 136 to challenge the termination of his service by the Respondent 1 which is a unit of CSIR . As a result, the two-judge bench of the Supreme Court referred this case to a Constitution Bench being of the view that the case of  Subhajit Tewary, 1975 required to reconsideration in which Subhajit, a Junior Stenographer filed a writ under Article 32 to claim eq
Post a Comment
Read more

Som Prakash Rekhi v. Union of India (1981) 1 SCC 449

By
Image
Som Prakash Rekhi v. Union of India, 1981||Case Summary  Introduction In Som Prakash Rekhi v. Union of India, 1981 we will understand Article 12 of the Constitution of India which defines the term 'State' in a broad manner and will get to know it's better interpretation produced by the Apex Court. Facts  A company named "Burmah Shell Oil Storage Ltd." a government company has been taken over by the Bharat Petroleum Corporation Ltd. (BPCL) another government company under the Burmah Shell Act, 1976. The petitioner who was a clerk in the Burmah Shell Company, retired at the age of 50 was entitled to a qualifying pension and was also covered by the scheme under the Employees Provident Fund and Family Pension Act, 1952 which has been deducted by the BPCL on certain grounds as a result the Petitioner moved the Supreme Court under Article 32 while stating that the deduction from his original Pension (Rs.165.99) to Rs. 40.05 is inhuman and illegal and violation
Post a Comment
Read more

The Food Corporation of India Staff Union v. Food Corporation of India & Ors, AIR 1995 SC 1344.

By
Image
The Food Corporation of India Staff Union v. Food Corporation of India & Ors, 1995 ||Case Summary  Introduction   In the present appeal, the Supreme Court of India laid down some norms and procedures to be followed to get the correct results by the "Secret Ballot System" which is the method to examine which is the more powerful Union. Facts   There were two registered Trade Unions in an Industry consequently, a situation arose before the employers to understand which was an powerful union or with whom they should bargain regarding terms, conditions etc. As a result, In the present appeal, the Supreme Court of India laid down the procedure be executed to get the correct results by the Secret Ballot System.  Issue   What are the guidelines which laid down by the Court in the present appeal? Supreme Court Order The Court while understanding the importance of this issue, took opinions from other Trade Unions or Organizations before passing the following guideline
Post a Comment
Read more

A. Sundarambal v. Government of Goa, Daman & Diu AIR 1988 SC 1700

By
Image
Sundarambal v. Government of Goa, Daman & Diu (1988) Case Study Introduction The case of Sundarambal v. Government of Goa, Daman & Diu is a significant judgment delivered by the Supreme Court of India in 1988. This case dealt with the issue of whether a teacher employed in a private school could be considered a "workman" under the Industrial Disputes Act, 1947. Facts of the Case The appellant Sundarambal, a teacher employed in a private school, was terminated from her service and therefore sought relief under the Industrial Disputes Act, claiming that she was a workman and hence, entitled to protection under the Act. Case History  The Petition was filed before the Conciliation Officer where Conciliation proceedings failed and the Conciliation officer reported this matter to the Government of Goa, Daman and Diu.  The Government could not adjudicate this matter under section 10(1)(c) of the Industrial Dispute Act, 1947 while holding that the appellant (Teacher) does not
Post a Comment
Read more

Dharangadhara Chemical Works Ltd. v. State of Saurashtra AIR 1957 SC 264 : 1957 SCR 152

By
Image
Dharangadhara Chemical Works Ltd. v. State of Saurashtra Citation : AIR 1957 SC 264 F acts Dharangadhara Chemical Works Ltd. (the appellant) employed certain agarias at their salt works. The dispute arose regarding the conditions under which the agarias should be engaged by the appellant in the manufacture of salt. Therefore the dispute was presented before the Industrial Tribunal.  Appellant Contentions  The agarias were independent contractors and not workmen on the ground that the agarias had power to engage extra labour therefore the State was not competent to refer the present case for adjudication under Section 10 of the Industrial Dispute Act. Issue  Whether the agarias are workmen within the meaning of the Industrial Dispute Act, 1947? Case History    The Industrial Tribunal favoured the respondent (Agarias) while holding that the Agarias are workmen within the meaning of the Act.  The Labour Appellate Tribunal also while dismissing the appeal favoured the responden
Post a Comment
Read more

Bombay High Court Grants Bail to Maharashtra Minister Nawab Malik

By
Bombay High Court Grants Bail to Maharashtra Minister Nawab Malik In a notable development in the ongoing legal battle involving Maharashtra Minister Nawab Malik, the Bombay High Court has granted him bail in the money laundering case that had led to his arrest. This decision marks a significant turn in the high-profile case that has seen extensive media coverage and political ramifications. Nawab Malik was arrested by the Enforcement Directorate (ED) on charges of money laundering linked to a property deal allegedly involving proceeds of crime. The case against Malik included allegations of his involvement in financial transactions with individuals connected to the underworld, specifically those linked to the fugitive gangster Dawood Ibrahim. The bail application filed by Malik’s legal team argued that the charges against him were politically motivated and lacked substantial evidence. They contended that Malik had been cooperating with the investigation and that there was no risk of h
Post a Comment
Read more