26/04/2024
Industry-cum-region test For revision of wages and other facilities, the standard criteria which is followed by the industrial adjudicator is to apply industry-cum-region test, which in substance implies that the prevailing pay and other allowances should be compared with equally placed or similarly situated industrial units in the same region. To determine comparability of units applying the industry-cum-region test, inter alia, the financial capacity of the employer would be a strong factor. ...
view more25/04/2024
For a claim of return of stridhan articles or money equivalent thereof to succeed, the wife need not prove the mode and manner of such acquisition since martrimonial proceedings is not a criminal trial where the chain of circumstances had to be complete and conclusively proved, without any missing link. - Supreme Court 2024 KLT OnLine 1392 (SC) Hon’ble Mr. Justice Sanjiv Khanna & Hon’ble Mr. Justice Dipankar Datta Maya Gopinathan v. Anoop Decided on 24thApril, 2024 For full jud...
view more25/04/2024
If even one ingredient of an offence under the Indian Penal Code is missing in the act which has been made punishable under the special statute, the Indian Penal Code section will not be excluded and still can be resorted to. Bombay High Court answers the reference regarding the applicability of IPC to IT Act provisions which fall short on many counts in covering the offences of cyber crime. 2024 KLT OnLine 1403 (Bom. Auran.) (F.B.) Hon’ble Mr. Justice Mangesh S. Patil, Hon’ble Mr...
view more24/04/2024
Eggshell skull Rule Supreme Court explains four categories for invoking and applying the rule in a medical negligence case wherein a needle got lodgedin the abdomen of the claimant duringsurgery for appendicitis for which enhanced compensation was soughtfor the continuous pain for about five years. Four categories 1. When a latent condition of the plaintiff has been unearthed; 2. When the negligence on the part of the wrongdoer re-activates a plaintiff’s pre-existing condition that had s...
view more23/04/2024
It is the Waqf Board which has got the original jurisdiction to decide the issue pertaining to Mutawalliship and not the Waqf Tribunal. Supreme Court clarifies and sets aside the High Court Order which decided otherwise. 2024 KLT OnLine 1378 (SC) Hon’ble Mr. JusticeM.M. Sundresh& Hon’ble Mr. JusticeS.V. Bhatti Cheriyakoya Thangal v. Pookoya Decided on 2nd April, 2024 For full judgment 'click here'
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