26 May 2020

Search Results for Tag : Benefit


“Deemed university” within ambit of Article 226 jurisdiction(15.12.2015)

A ‘Deemed University’, all functions and activities of which are governed by the University Grants Commission Act, 1956 discharges ‘public functions’,.....

Tags : Public benefit, education, deemed university


Supreme Court likens resignation to ‘voluntary retirement’(12.10.2015)

In a case where the Appellant was denied pension for serving his resignation notice to the Life Insurance Corporation of India after 23 years of servi.....

Tags : Voluntary, retirement, resign, benefits, eligible


If employees choose to accept transition from one concern to another and acquiesce then after decades cannot be permitted to turn back and challenge entire developments(08.08.2016)

In Instant case, Respondents, a group of twenty one employees of PEPSU Roadways claimed that in spite of transfer of that department to the Corporatio.....

Tags : Retiral Benefits, Entitlement


It is not possible for Supreme Court to scrutinize documents as to its sufficiency or otherwise(31.01.2017)

Present appeal by way of special leave impugns final judgment passed by High Court whereby High Court allowed the Appeal filed by Respondents and ther.....

Tags : Scheme, Benefit, Eligibility


When exercising appellate jurisdiction, Supreme Court has power to pass any order(11.04.2017)

Respondent was convicted by trial Court under Sections 302 and 201 of Indian Penal Code, 1860 for having committed murder of his wife and daughter and.....

Tags : Acquittal, Validity, Benefit of doubt


If a person is put to officiate on a higher post with greater responsibilities, he is entitled to salary of that post(05.09.2017)

The present appeal, by special leave, calls in question the legal acceptability of the order passed by the High Court whereby the Division Bench placi.....

Tags : Officiating position, Benefit, Legality


Grant of pay-scale of the higher post would be justified only if the employee was actually performing duties of the higher post(25.09.2017)

The present writ petition assails the order passed by the Central Administrative Tribunal, whereby the Tribunal has dismissed the Petitioner's transfe.....

Tags : Pay-scale, Benefit, Grant


When any fact is especially within the knowledge of any person, the burden of proof to prove that fact is upon him(12.10.2017)

Present two criminal appeals have been preferred by the Appellants Dr. Nupul Talwar and Dr. Rajesh Talwar under Section 374(2) of the Code of Criminal.....

Tags : Acquittal, Circumstantial evidence, Benefit of doubt


Tribunals or Courts cannot direct employer to fill up posts ignoring prescribed procedure for selection and appointment(20.12.2017)

In facts of present case, the Petitioners were holding the certificates issued by the District Rehabilitation Officer, declaring that, they are projec.....

Tags : Appointment, Scheme, Benefit


No straightjacket formula can be laid for grant or refusal of anticipatory bail and application for anticipatory bail is to be decided on basis of available facts in each case(17.04.2018)

Present anticipatory bail application under Section 438 of Code of Criminal Procedure, 1973 (CrPC) is preferred by the Petitioner apprehending her arr.....

Tags : Anticipatory bail, Benefit, Extension


Heat of passion requires that there must be no time for the passions to cool down(03.05.2018)

The Appellant has filed the present appeal against his conviction and sentence passed by Additional Sessions Judge, convicting him under Section 302 o.....

Tags : Conviction, Validity, Exception, Benefit


Maximum sentence awarded under Section 394 of IPC, would be no ground for not granting benefit of Probation(17.05.2017)

State has called in question correctness of order of sentence passed by Additional Sessions Judge whereby accused person/Respondent, though has been c.....

Tags : Probation, Benefit, Validity


Bank is precluded from declining benefits of Scheme as same is non-discretionary and non-discriminatory(22.05.2018)

In facts of present case, Petitioner availed a career loan from State Bank of India (the Bank) during 2007 for pursuing pilot training course. The fat.....

Tags : Scheme, Benefit, Entitlement


Bank is precluded from declining benefits of Scheme as same is non-discretionary and non-discriminatory(22.05.2018)

In facts of present case, Petitioner availed a career loan from State Bank of India (the Bank) during 2007 for pursuing pilot training course. The fat.....

Tags : Scheme, Benefit, Entitlement


Retiral dues is an employee’s rightful claim and is not a bounty(25.06.2018)

The Petitioner retired as the Director (Finance) of the Institute of Cost Accountant of India, i.e. the respondent No. 1, on June 30, 2016. His grieva.....

Tags : Retiral benefits, Entitlement, Delay


Law presumes that, every person committing an offence is sane and liable for his acts, though in specified circumstances, it may be rebuttable(02.07.2018)

The Appellant assails his conviction under Section 302 and 324 of the Indian Penal Code, 1860 (IPC), rejecting his defence that he was of unsound mind.....

Tags : Conviction, Mental state, Benefit of doubt


A government employee is entitled to get his previous service counted for purpose of pensionary benefits(08.08.2018)

The current application has been filed seeking the relief to Direct the Respondents (DTTE, GNCT of Delhi) to count the previous/past service (w.e.f. 2.....

Tags : Pensionary benefits, Previous service, Entitlement


To avail benefit of Pension Rules, an employee must qualify in terms of Rules(26.02.2019)

The Respondents are all ex-employees of the Appellant/Delhi Transport Corporation (DTC), who availed of the Voluntary Retirement Scheme (VRS). The Res.....

Tags : Benefit, Pension Rules


Executive Instructions cannot override statutory rules(04.07.2019)

The Petitioners assail the Government Resolution dated 4th October, 1983 and orders issued by Respondent Nos. 1 and 3 denying the pension and pensiona.....

Tags : Pensionary benefits, Denial, Legality


An employee directly recruited vis-a-vis another who is promoted must be treated equal in all respects(04.04.2019)

Vide the present petition, the Petitioner has challenged the order by which the Respondents has rejected the representation of the Petitioner to grant.....

Tags : Pay fixation, Promotion, Benefits


It is not for the Courts to substitute a Scheme or add or subtract from the terms thereof in judicial review(08.01.2020)

In facts of present case, Jagdish Raj, husband of Respondent No. 1 and father of Respondent No. 2, was appointed as a Clerk-cum-Shroff in the Appellan.....

Tags : Compassionate employment, Benefit, Eligibility


Court cannot create a law or policy. However, if there is a law, the Court can certainly enforce it(05.05.2020)

Present public interest litigation has been filed with the prayers for issuance a Writ of Mandamus to the Respondents to make provisions for the payme.....

Tags : Health Workers, Benefit, Extension


Notifications & Circulars

Benefits of Free Trade Agreements(04.03.2020)

The Free Trade Agreements (FTAs) signed by India provide tariff concessions thereby giving opportunities for exports of products including those relat.....

Tags : Benefits, FTA, Exports


Simplified auto-registration of beneficiaries (IEC holders) on ICEGATE for eSANCHIT and other benefits(03.06.2019)

I am directed to refer to Board's circular No. 35/2018 dated 01.10.2018 wherein it was stated that CBIC was working towards bringing all the Participa.....

Tags : Auto-registration, IEC holders, Benefits


Benefit of FTAs to Small Exporters(11.12.2019)

The Free Trade Agreements (FTAs) signed by India provide tariff concessions thereby giving opportunities for exports of products including those relat.....

Tags : Benefit, FTAs, Small Exporters


Benefits of GST for the Transport Sector(26.07.2017)

The transport sector stands to benefit from the recently rolled out GST in several ways. Pre- GST, the complex tax structure and paper work forced the.....

Tags : GST, Benefits, Transport Sector


Benefit of Focus Product Scheme to HS Code 8481-FTP 2009-14(07.06.2018)

Kind attention is invited to this Directorate Trade Notice No. 11/2015 dated 14th December 2015 vide which this Directorate had clarified on availabil.....

Tags : Scheme, Benefit, HS Code


Clarification regarding actual service providers rendering eligible services to be entitled for the SFIS/SEIS benefits or the aggregator of services (Ports)(22.05.2018)

1. This Directorate has received references from exporters providing port related services seeking clarification whether the actual service providers .....

Tags : Clarification, Actual service providers, Eligible services, Benefits


PFRDA rolls-out Aadhar Powered Digital on Boarding into APY through eNPS platform for wider reach(10.10.2017)

Pension Fund Regulatory and Development Authority (PFRDA) has embarked upon several digital friendly steps for extension of the benefits of APY to the.....

Tags : Benefit, Extension, Paperless registration


Coal India's New App "Grahak Sadak Koyla Vitaran App" for the benefit of customers lifting coal through road mode(07.11.2017)

This app is a step towards transparency in the system of loading programme and despatch. The app also helps in logistics planning for lifting of coal .....

Tags : New App, Benefit, customers, Road mode


Report on the Revenue Neutral Rate and Structure of Rates for GST(09.12.2015)

Appointed by the Central Government to assess and recommend rates under the Goods and Services Tax framework for the whole country, the Committee rele.....

Tags : Gst, report, committee, benefits


Clarification on Recently Notified Maternity Benefit (Amendment) Act, 2017(08.05.2017)

The Government has notified the Maternity Benefit (Amendment) Act, 2017 on 28th March, 2017 and the provisions of the Amendment Act have come into for.....

Tags : Maternity Benefit, Amendment, Clarification


Amendments to the Maternity Benefit Act, 1961.(10.08.2016)

The Union Cabinet, chaired by Prime Minister Shri Narendra Modi, has given its ex-post facto approval for amendments to Maternity Benefit Act, 1961 by.....

Tags : Amendment, Maternity benefits


National Company Law Appellate Tribunal (Salaries, Allowances and other Terms and Conditions of Service of Chairperson and other Members) Rules, 2015(19.08.2015)

The Central government issued the Rules, 2015, enumerating the benefits available to the Chairperson of the National Company Law Appellate Tribunal u.....

Tags : chairperson, company law appellate tribunal, benefits


National Company Law Tribunal (Salary, Allowances and other Terms and Conditions of Service of President and other Members) Rules, 2015(19.08.2015)

The Central government issued the Rules, 2015, enumerating the benefits available to the President of the National Company Law Tribunal under the Comp.....

Tags : President, company law tribunal, benefits



Rajasthan HC Orders to Hold Salary of Directors till Pensioner Gets Retirement Benefits(25.11.2015)

Rajasthan HC on petition by Ram Kumari Anwara who retired in 1999 as head mistress and waiting for her retirement benefits, has directed Govt. to stop.....

Tags : Rajasthan HC, Retirement Benefits


Madras High Court Denies Advance Bail(26.08.2016)

Madras High Court Bench has denied anticipatory bail to four former directors of Rajakkamangalam Benefit Fund in Kanyakumari district in a case booked.....

Tags : Madras High Court, Rajakkamangalam Benefit Fund


Madras HC Directs State Government to Ensure Proper Terminal Benefits to Ex-Employees(24.10.2016)

Madras High Court has directed State Government to ensure that terminal benefits due to all eligible former employees were paid in 12 equated monthly .....

Tags : Madras High Court, terminal benefits,


Government readying to extend maternity benefits(31.12.2015)

The Ministry of Labour and Employment may soon get approval from the Union Cabinet to extend maternity benefits to 26 weeks of paid leave from 12 week.....

Tags : Maternity leave, paid leave, benefits


Hyderabad High Court Says Daughters Are Eligible for Father's Terminal Benefits(14.01.2016)

Hyderabad High Court has held that an employer is not at fault if he decides to distribute the terminal benefits of a deceased employee in equal parts.....

Tags : Hyderabad High Court, Daughters , Father's Terminal Benefits


RBI: Aadhaar is Not Mandatory for DBT Scheme(15.01.2016)

Reserve Bank of India (RBI) has said in a clarification on Direct Benefit Transfer (DBT) Scheme that use of Aadhaar cards and seeding of bank accounts.....

Tags : Reserve Bank of India, Direct Benefit Transfer, Aadhaar


Bombay HC: Second Wife Can Claim Retirement Benefits of Deceased Husband(25.02.2016)

Bombay HC has ruled that second wife of a Union Government employee can claim retirement benefits of the deceased husband who had nominated his second.....

Tags : Bombay HC , Retirement Benefits, Second Wife


Supreme Court Sets Aside Delhi High Court Verdict on Quota Benefits(26.02.2016)

SC has set aside a Delhi High Court verdict which held that selected persons cannot be accorded quota benefits on account of non-submission of OBC cer.....

Tags : SC, Quota Benefits, Delhi High Court


Madras HC: Children’s Terminal Benefits Should Go to Parents Too(06.07.2016)

Madras HC has said that parents should also be given a share in terminal benefits of their deceased children even if their names are not in the list o.....

Tags : Madras HC, terminal benefits


Govt. Notifies Aadhaar Act, Operationalises Some of Its Provisions(13.07.2016)

Union Government has notified Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 and operationalised some o.....

Tags : Union Government, Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016


Madhya Pradesh HC: Contractual Employees Also Entitled To Benefits Under Maternity Benefits Act(01.05.2017)

Madhya Pradesh High Court has held that maternity leave should be granted to contractual employees, at par with regular employees.

Tags : Madhya Pradesh High Court, Maternity Benefits Act


Maternity Benefit Act, 2017: Act Applicable to All Those Women Workers Already on Leave on April 01(09.05.2017)

Government has clarified that it is mandatory on part of employers to extend benefit of enhanced maternity leave to those women workers who were alrea.....

Tags : Maternity Benefit Act, 2017


Punjab and Haryana High Court: Insurance Benefits Cannot Be Denied on Mere Technicalities(14.03.2017)

Punjab and Haryana High Court, while coming to rescue of an illiterate woman who lost her 27-year-old son in a road mishap, has asserted that benefits.....

Tags : Punjab and Haryana High Court, Insurance Benefits


Maternity Bill, 2016 Receives Prez Assent(29.03.2017)

Maternity Benefit (Amendment) Bill, 2016 which entitles women working in organised sector to paid maternity leave of 26 weeks, up from 12 weeks has re.....

Tags : Maternity Benefit (Amendment) Bill, 2016


Centre Issues Clarifications Regarding Maternity Benefit (Amendment) Act, 2017(14.04.2017)

Ministry of Labour and Employment, while releasing a set of clarifications w.r.t. Maternity Act'17, has said that Act is applicable to contractual or .....

Tags : Ministry of Labour and Employment, Maternity Benefit (Amendment) Act, 2017


Tax Benefit can be Availed on Multiple Flats' Sale, Says ITAT(12.02.2019)

Income Tax Appellate Tribunal (ITAT) has held that a taxpayer can avail of the tax benefits where long-term capital gains arising on sale of more than.....

Tags : ITAT, Tax Benefit can be Availed on Multiple Flats' Sale


SERVICE - Criminal Antecedents can't be Said to be 'Clear' When Acquittal is by Granting Benefit of Doubt: SC(30.03.2019)

Supreme Court has observed that criminal antecedents of an employee or a candidate cannot be said to be clear when he was acquitted in a criminal case.....

Tags : Supreme Court, Benefit of Doubt


Long-Term Employees Benefits Deductible While Computing Book Profit: ITAT(15.04.2019)

Income Tax Appellate Tribunal (ITAT), Kolkata bench has held that long term employees benefits such as gratuity, leave encashment, ex-gratia & bonus e.....

Tags : ITAT, Long-Term Employees Benefits


‘Can’t Deny Food Benefits to Kids Without Aadhaar: Bombay High Court(20.09.2018)

Bombay High Court has directed that no child in Maharashtra should be deprived of benefits of Integrated Child Development Scheme (ICDS) for want of a.....

Tags : Bombay High Court, Aadhaar Card, Food Benefits


‘Can’t Deny Food Benefits to Kids Without Aadhaar: Bombay High Court(20.09.2018)

Bombay High Court has directed that no child in Maharashtra should be deprived of benefits of Integrated Child Development Scheme (ICDS) for want of a.....

Tags : Bombay High Court, Aadhaar Card, Food Benefits


Kerala HC Directs State to Give Wide Publicity to Flood Benefit Scheme of Govt(05.12.2018)

Kerala High Court has directed that government should give wide publicity about the flood benefit scheme with the objective of making maximum persons .....

Tags : Supreme Court, Flood Benefit Scheme


Delhi HC Gives LIC Premium Waiver Benefit for Policy Revived After Death of Proposer(14.12.2018)

Delhi High Court has held that LIC premium waiver benefit is applicable to a policy which is revived after the death of the proposer.

Tags : Delhi High Court, LIC Premium Waiver Benefit


Benefit of Doubt Must Go to Accused: Supreme Court(19.12.2018)

Supreme Court has held in a recent case of 7-year-old case of murder and rioting in Uttar Pradesh that the benefit of doubt in cases based on a flawed.....

Tags : Supreme Court, Benefit of Doubt


Maternity Benefits to Contractual Employees can't be Denied: Kerala HC(03.01.2019)

Kerala High Court has reiterated that maternity benefits cannot be denied to women employees just because they are contractual employees.

Tags : Kerala High Court, Maternity Benefits to Contractual Employees


SC Dismisses Rajasthan Govt's Plea Challenging HC Verdict on Free Lifetime Benefits for Former CMs(08.01.2020)

Supreme Court has dismissed a petition by the Rajasthan Government challenging the Rajasthan High Court's order regarding giving a government bungalow.....

Tags : SC, Lifetime Benefits


Supreme Court: Post Age-Relaxation Benefit, Candidates Cannot Shift to General Seats(05.07.2019)

Supreme Court has noted that a reserved category candidate cannot seek accommodation in or migration to general seat, after availing of the age relaxa.....

Tags : Supreme Court, Post Age-Relaxation Benefit,


Supreme Court: Failure to Retrieve Dead Body Does Not Entitle Accused to Benefit of Doubt(23.07.2019)

Supreme Court has ruled that failure of the police to recover the dead body will not be solely responsible to render the prosecution case doubtful ent.....

Tags : Supreme Court, Benefit of Doubt


Supreme Court Acquits 'Wife' Accused of Murdering Her 'Husband' on Basis of Benefit of Doubt(20.09.2019)

Supreme Court while setting aside concurrent convictions by the lower Court and High Court has acquitted a woman accused of murdering her husband. The.....

Tags : Supreme Court, Benefit of Doubt


SC: Govt Servant Cannot Complain About Service Conditions or Retiral Benefits Before Consumer Forums(12.11.2019)

Supreme Court has clarified that a government servant is not a consumer for the purpose of Consumer Protection Act, 1986 and cannot raise any dispute .....

Tags : SC, Retiral Benefits


SC: Person Who Takes Benefit of a Portion of Will Cannot Challenge Remaining Portion(06.04.2020)

Supreme Court has observed that a person who takes benefit of a portion of the Will cannot challenge the remaining portion of the Will.

Tags : Supreme Court, Benefit of Portion of Will


Madras HC Issues Notice on Plea Seeking Distribution of Direct Cash Benefits(09.04.2020)

Madras High Court has issued notices on a Public Interest Litigation seeking distribution of all cash benefits under various Schemes of the State and .....

Tags : Madras High Court, Distribution of Direct Cash Benefits


Madras HC Dismisses Plea Seeking Enhancement of Cash Benefits for Ration Card Holders(01.05.2020)

Madras High Court has dismissed a Petition seeking enhancement of the cash benefit of Rs. 1,000/- being provided to the Ration Card Holders in the sta.....

Tags : Madras High Court, Cash Benefits to Ration Card Holders


Madras HC Denies Exemption Benefit on Imports Made Prior to Registration Under Customs Rules(28.01.2020)

Madras High Court has denied the exemption benefit on imports made before the registration under Rules 3 and 4 of the Customs (Import of Goods at Conc.....

Tags : Madras High Court, Exemption Benefit, Custom Rules


Kerala High Court: Father's Pension Benefits Not Exempt from Attachment(05.02.2020)

Kerala High Court has held that a father's pensionary benefits are not immune from attachment towards payment of maintenance to children.

Tags : Kerala High Court, Father's Pension Benefits, Maintenance of Children


Delhi HC: Instructors in Delhi University Not 'Teachers' for Purposes of Superannuation Benefits(12.02.2020)

Delhi High Court has held that persons appointed as 'instructors' cannot be treated as 'teachers', for the purposes of superannuation, in the Delhi Un.....

Tags : Delhi High Court, Instructors in Delhi University, Superannuation Benefits


Delhi HC Issues Notice in Plea Seeking Maternity Benefits to Women Pursuing Higher Education(18.02.2020)

Delhi High Court has issued notice to the Central Government and University Grants Commission in a plea seeking relaxation in attendance norms for wom.....

Tags : Delhi High Court, Maternity Benefits to Women Pursuing Higher Education


Madras High Court: Woman who Deserted Kids May not Get Death Benefits of Husband(09.03.2020)

Madras High Court has observed that a woman who deserted her two children is unlikely to get any compensation for her husband's death in workplace whi.....

Tags : Madras High Court, Death Benefits


Bombay HC Disposes PIL for Ration Benefits to Tribals(18.05.2020)

Bombay High Court has disposed of a Public Interest Litigation based on the undertaking made by the State Government to provide the benefits of the va.....

Tags : Bombay High Court, Ration Benefits to Tribals


International Cases

A provision of subordinate legislation which results in a breach of a Convention right must be disregarded, if it is possible to do so without affecting the statutory scheme(13.11.2019)

On 9 November 2016, present Court handed down judgment in the series of cases collectively reported as R (Carmichael) v Secretary of State for Work an.....

Tags : Housing benefit, Provision, Applicability


In order to succeed in tort of negligence, it is essential to establish a negligent breach of duty, causation and loss(20.11.2019)

In facts of present case, Mr. Thomas Arthur Watkins lived near Tredegar in South Wales. He was employed by the National Coal Board (later British Coal.....

Tags : Scheme, Benefits, Applicability


Top Story

Central Government’s Last Budget Showers Benefits To Tax Payers Aiming Upcoming Elections(01.02.2019)

The Finance Minister Shri Piyush Goyal presented an interim budget in Parliament on Friday and announced numbers of benefits to the people. Aimed at u.....

Tags : Budget, Benefit, Tax-payers


GST council has notified constitution of Anti-profiteering Authority(20.06.2017)

In order to keep a check on passing of price reduction benefit in tax rate from businesses to consumers, a five-member anti-profiteering authority has.....

Tags : Authority, Constitution, Benefit, Price reduction


New Pension Scheme (NPS); a shift from defined benefit Pension Scheme to defined contribution pension scheme(10.08.2018)

Due to rising and unsustainable pension bill and competing claims on the fiscal, Government has made a conscious move to shift from the defined benefi.....

Tags : Pension scheme, Shift, benefits



Tax Benefits to notified backward areas in Bihar(19.08.2015)

The Income Tax Act, 1961 has been amended by the Finance Act 2015 providing tax benefits to notified backward areas in Bihar, to give these areas an o.....

Tags : Bihar, backward area, tax benefit