Court : Supreme Court of India
Decided on : Feb-05-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1464 OF2019ARISING OUT OF SLP(CIVIL) No.12812 of 2015 Employees' State Insurance Corporation Appellant(s) VS. Venus Alloy Pvt. Ltd. Respondent(s) JUDGMENT Dinesh Maheshwari., J Leave granted.2. The short question calling for determination in this appeal by special leave against the judgment dated 17.02.2014 passed by the High Court of Madhya Pradesh, Bench at Indore in Miscellaneous Appeal No.1213 of 2006 is as to whether the Directors of respondent-Company, who are receiving remuneration, come within the purview of employee under sub-section (9) of Section 2 of the Employees' State Insurance Act, 1948 ('the ESI Act')?.3. Put in brief, the relevant background aspects of the matter are that the respondent-Company had been covered under the ESI Act and had been 1 depositing the amount of contribution with reference to the wages paid to some of its employees. However, in an inspection carried out by the ...
Tag this Judgment!Court : Delhi
Decided on : Feb-01-2019
$~5 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P. (C) 8497/2016 SATYENDRA KUMAR JHA ........ Petitioner Through:... Petitioner in person. versus UNION OF INDIA AND ANR ........ RESPONDENTS Through: Mr.Mukesh Kumar, Advocate with Mr.Naveen Kumar, DC/CISF. CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA ORDER0102.2019 % Dr. S. Muralidhar, J.:1. Satyendra Kumar Jha, a Deputy Commandant in the Central Industrial Security Force (CISF) has filed this petition for a mandamus to the... RESPONDENTS to grant him the risk/hard area allowance from 18th April 2016 when he was posted at the CISF Unit, National Aluminium Company Limited (NALCO), Damanjodi, District Koraput, Odisha.2. The... Petitioner joined the CISF as Assistant Commandant on 16th April 2009. At the conclusion of his basic training he was conferred with awards for All round best Probationer, Best in outdoor and Best in firing.3. The... Petitioner was posted to the CISF Unit, Neyveli Lignite Corporation W.P.(C) 8497/2016 Page ...
Tag this Judgment!Court : Delhi
Decided on : Jan-31-2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:31. t January, 2019 W.P.(C) 9883/2018, CM No.38508/2018 CUSHMAN AND WAKEFIELD INDIA PRIVATE LIMITED Through: Mr. Vikas Singh, Sr. Adv. with ........ Petitioner Mr. Karan Malhotra, Mr. Vikram Bajaj, Mr. Rahul Raj, Mr. Chandra Thampi and Mr. Kapil Seth, Advs. ........ RESPONDENTS versus UNION OF INDIA & ANR Through: Ms. Madhavi Divan, ASG with Mr. Akshay Makhija, CGSC with Ms. Nidhi Khanna and Ms. Aditya Goyal, Advs. for UOI AND + W.P.(C) 9889/2018, CM No.38522/2018 KNIGHT FRANK (INDIA) PRIVATE LIMITED Through: Mr. Vikas Singh, Sr. Adv. with ........ Petitioner Mr. Karan Malhotra, Mr. Vikram Bajaj, Mr. Rahul Raj, Mr. Chandra Thampi and Mr. Kapil Seth, Advs. versus UNION OF INDIA AND ANR. Through: Ms. Madhavi Divan, ASG with ........ RESPONDENTS Mr. Akshay Makhija, CGSC with Ms. Nidhi Khanna and Ms. Aditya Goyal, Advs. for UOI AND + W.P.(C) 9890/2018, CM No.38524/2018 CBRE SOUTH ASIA PRIVATE LIMITED ........ Petitioner Through...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-25-2019
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION WRIT PETITION (CIVIL) No.99 OF2018Swiss Ribbons Pvt. Ltd. & Anr. ..Petitioners Union of India & Ors. VERSUS WITH ..Respondents WRIT PETITION (CIVIL) No.100 OF2018WRIT PETITION (CIVIL) No.115 OF2018WRIT PETITION (CIVIL) No.459 OF2018WRIT PETITION (CIVIL) No.598 OF2018WRIT PETITION (CIVIL) No.775 OF2018WRIT PETITION (CIVIL) No.822 OF2018WRIT PETITION (CIVIL) No.849 OF2018WRIT PETITION (CIVIL) No.1221 OF2018SPECIAL LEAVE PETITION (CIVIL) No.28623 OF2018WRIT PETITION (CIVIL) No.37 OF20191 JUDGMENT R.F. Nariman, J.1. The present petitions assail the constitutional validity of various provisions of the Insolvency and Bankruptcy Code, 2016 [Insolvency Code or Code].. Since we are deciding only questions relating to the constitutional validity of the Code, we are not going into the individual facts of any case.2. Shri Mukul Rohatgi, learned Senior Advocate, appearing in Writ Petition (Civil) No.99 of 2018, has first...
Tag this Judgment!Court : Delhi
Decided on : Jan-24-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI * Reserved on:08. 05.2018 Pronounced on:24. 01.2019 FAO(OS) (COMM) 78/2018 & CM APPL. 17358-61/2018 M/S CROCS INC USA versus M/S BATA INDIA LTD & ORS ..... Appellant ........ RESPONDENTS FAO(OS) (COMM) 79/2018 & CM APPL. 17362-65/2018 M/S CROCS INC USA versus M/S LIBERTY SHOES LTD & ANR ..... Appellant ........ RESPONDENTS FAO(OS) (COMM) 80/2018 & CM APPL. 17366-69/2018 M/S CROCS INC USA versus M/S AQUALITE INDIA LTD & ORS ..... Appellant ........ RESPONDENTS FAO(OS) (COMM) 81/2018 & CM APPL. 17370-73/2018 M/S CROCS INC USA versus M/S ACTION SHOES PVT LTD & ORS FAO(OS)(COMM)No.78/2018 & connected matters ..... Appellant ........ RESPONDENTS Page 1 of 44 + + + + + + + + + FAO(OS) (COMM) 82/2018 & CM APPL. 17374-77/2018 M/S CROCS INC USA versus M/S AQUALITE INDIA LTD & ANR. ..... Appellant ........ RESPONDENTS FAO(OS) (COMM) 83/2018 & CM APPL. 17378-81/2018 M/S CROCS INC USA ..... Appellant versus BIOWORLD MERCHANDISING INDIA LTD. & ANR.... RESPOND...
Tag this Judgment!Court : Delhi
Decided on : Jan-24-2019
$~19 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:24. h January, 2019 + CRL.M.C. 2712/2016 STATE Through: Mr. Kewal Singh Ahuja, APP ........ Petitioner for the State with SI Nepal Singh, PS CR Park. versus SANJAY KUMAR TIWARI CORAM: HON'BLE MR. JUSTICE R.K.GAUBA Through: Respondent in person. ..... Respondent ORDER (ORAL) 1. The first information report (FIR) No.76/2007 of the subject case was registered on the compliant of Phool Singh, a delivery-man, engaged by a firm named and styled as Kalkaji Gas Service, the duties entrusted to him being to take gas cylinders from the godown of his employer in a three wheeler scooter (TSR) and deliver the same to the respective consumers, as per instructions.2. It is alleged that, on 16.03.2007, he having carried twenty-two gas cylinders from the godown of his employer, had reached near house No.1520 in C.R. Park, New Delhi at about 1:45 p.m., he was accosted by four persons who had come to the place in an Indica car bearing registration N...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-17-2019
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.576 OF2016INDIAN HOTEL AND RESTAURANT ASSOCIATION (AHAR) & ANR. .....APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ORS. .....RESPONDENT(S) W I T H WRIT PETITION (CIVIL) No.24 OF2017A N D WRIT PETITION (CIVIL) No.119 OF2017JUDGMENT A.K. SIKRI, J.This batch of three Writ Petitions was heard together and is being disposed of by this Common Judgment as similar issues and prayers are raised in all these petitions.2) The instant writ petitions have been preferred under Article 32 of the Constitution of India, challenging certain provisions of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016 (hereinafter 2 referred to as the Act) and also the Rules framed there under being the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein)...
Tag this Judgment!Court : Delhi
Decided on : Jan-16-2019
$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16. h January, 2019 + W.P.(C) 12133/2016 % 1. AKHIL DELHI PRATHMIK SHIKSHAK SANGH Through: Mr. P.S. Sridhar Raj, Adv. ........ Petitioner versus GOVT OF NCT OF DELHI AND ORS ........ RESPONDENTS Through: Ms. Mini Pushkarna, SC-North DMC/R-1 with Ms. Swagata Bhuyan and Ms. Shiva Pandey, Advs. Mr. Rakesh Mittal, SC-SDMC with Ms.Yamini Mittal, Adv. for R-2/SDMC Mr. G.D. Mishra, EDMC/R-5 SC- CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL) This writ petition has been filed by an organisation going by the moniker Akhil Delhi Prathmik Shikshak Sangh, which purports to be a society, registered under the Societies Registration Act, comprising, inter alia, various teachers of schools run by the Municipal Corporation of Delhi and espousing their cause.2. The writ petition ventilates a grievance against devolution, on teachers in government schools, of duties which are not linked to education, specifically opening of bank a...
Tag this Judgment!Court : Delhi
Decided on : Jan-11-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: January 11, 2019 + W.P.(C) 6901/2017, CM No.28665/2017 UOI ........ Petitioner Through: Mr. R. Balasubramanian, Adv. and Mr. Santosh Kumar, Adv. versus GNCT OF DELHI AND ORS ........ RESPONDENTS Through: Mr. Ajjay Aroraa, Adv. for NDMC Mr. Arvind K. Nigam, Sr. Adv. with Mr. Ajay Kumar, Adv. and Mr. Mikhil Sharda, Adv. for R4 AND + W.P.(C) 9883/2017, CM Nos. 40283/2017 NARYAN DUTT SHRIMALI FOUNDATION INTERNATIONAL CHARITABLE TRUST SOCIETY Through: Mr. Arvind K. Nigam, Sr. Adv. with Mr. Ajay Kumar, Adv. ........ Petitioner versus UNION OF INDIA AND ORS ........ RESPONDENTS Through: Mr. Jasmeet Singh, CGSC for UOI Mr. Shlok Chandra, Adv. for DDA Mr. Rakesh Mittal, Standing Counsel with Mr. Maklesh Anand and Ms Yamini Mittal, Advs. for R2/NDMC W.P.(C) No.6901/2017 and connected matter Page 1 of 45 CORAM: HON'BLE MR JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 As these two writ petitions involve identical issues with reg...
Tag this Judgment!Court : Delhi
Decided on : Jan-08-2019
..... confirmed that the raiding party had been constituted crl.a. 831/2014 page 2 of 10 consequent to receipt of secret information that one person, named deepak, who was a nepali national, would be approaching the indian oil petrol pump, near majnu ka tila, for supplying hashish (charas). he confirmed intercepting and overpowering the appellant (whom he recognised in court). he ..... imprisonment of 6 months. crl.a. 831/2014 page 1 of 10 2. the case of the prosecution, as upheld by the learned special judge, is that the appellant, a nepali national, was intercepted, on 23rd june, 2012, at about 11:45 am, and was found to be carrying 10 kg of hashish (charas), which constituted an offence under section 20 .....
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