13 July 2020

Search Results for Tag : Termination


Bombay High Court upholds BCCI’s age determination test(18.11.2015)

While public documents provide a right to vote, travel and open bank accounts, they may not be sufficient to permit playing cricket. A Division Bench .....

Tags : Cricket, age determination, bone, test


Court cleans up pre-natal sex determination legislation(17.02.2016)

Section 2(p) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 defining a Sonologist or Imaging Speci.....

Tags : Pre-natal, sex determination, ultrasound, qualifications


Appointment cannot be treated as final when terms and conditions mentioned therein not fulfilled(12.08.2016)

Appellant was appointed as "Chemical Examiner Grade-I" in Customs and Central Excise Department, subject to fulfilling terms and conditions mentioned .....

Tags : Appointment, Conditions therein, Termination, Legality


An express order of confirmation is imperative to give the employee a substantive right to post(05.09.2016)

Appellant was initially appointed as a driver on temporary basis. By letter dated 29th June, 1987 Appellant was given regular appointment on post of d.....

Tags : Probation, Termination


24-week pregnancy allowed to be terminated on ground of danger to life and certain inability of fetus to survive extra uterine life(16.01.2017)

Petitioner No.1 approached this Court under Article 32 of Constitution of India seeking directions to Respondents to allow her to undergo medical term.....

Tags : Pregnancy, Termination, Direction


Mandate of an Arbitrator "shall terminate" by or pursuant to agreement of parties(25.01.2017)

This is a joint application by both Petitioner and Respondents under Section 14(2) read with Section 15 of Arbitration & Conciliation Act, 1996. Both .....

Tags : Arbitrator, Mandate, Termination


Employer has to judge suitability of services of probationer; Court cannot substitute its decision for that of employer(31.01.2017)

By this writ petition, Petitioner impugns order of the Delhi School Tribunal, by which Delhi School Tribunal dismissed appeal filed by Petitioner agai.....

Tags : Service, Termination, Validity


Lien of a person on a post lapses on a person acquiring lien on another post(07.03.2017)

By instant writ petition, Petitioner seeks the relief of quashing of letter dated 18th January, 2016 whereby Respondent No.1/erstwhile employer/Kalind.....

Tags : Termination. Lien, Absorption


Burden to show that a body is owned, controlled or substantially financed by appropriate Government is on applicant seeking information(09.03.2017)

Complainant filed an application under Right to Information Act, 2005 (RTI Act) on 7th April 2014 with CPIO, Institute of Rural Management (IRMA), see.....

Tags : Information, Public Authority, Determination


Ossification test cannot be regarded as conclusive for ascertaining age of a person(30.11.2016)

Present appeals by special leave impugns judgment passed by High Court, whereby appeal filed by Appellants was dismissed affirming their conviction un.....

Tags : Age determination, Medical Opinion, Admissibility


For every minor irregularity, a tender is not to be cancelled(20.03.2017)

Present writ petition has been filed challenging termination letter passed by Respondent-IRCTC terminating temporary license awarded to Petitioners fo.....

Tags : Temporary license, Termination, Validity


An order of dismissal of writ petition on merits would ensue, if no case of breach of a statutory provision is made out(16.06.2017)

In facts of present case, Petitioner has been working as Assistant Accountant of Suri Friend's Union Co-operative Bank Limited, a registered cooperati.....

Tags : Resolution, Termination, Validity


Courts can always apply reasonable amount of guesswork to balance equities in order to fix a just and fair market value(07.07.2017)

Present appeals are filed by land owners against final judgment and order passed by High Court of Karnataka, whereby High Court allowed appeals in par.....

Tags : Acquisition, Compensation, Re-determination, Validity


Arbitrator has power to recall his earlier order of termination of proceedings if sufficient cause is shown by claimant(30.12.2017)

By present petition, the Petitioners have prayed for condonation of delay, in filing petition and prays that, the Procedural Order Sheets passed by th.....

Tags : Arbitral proceedings, Termination, Validity


Honest guess work will always be required for calculating the mesne profits(19.01.2018)

Instant Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the Appellant/tenant/Oriental Insurance Company L.....

Tags : Mesne profits, Determination, Grant


Multiplier should depend on the age of the deceased and not on the age of the dependants(09.02.2018)

In a motor accident which occurred on 22nd September, 2009, Ajit Singh, who was at the relevant time 23 years of age died. His parents, who were in th.....

Tags : Compensation, Determination, Multiplier


Where more than one court has jurisdiction, it is open for parties to exclude all other Courts(07.02.2018)

The Respondent No. 1 floated a notice inviting tender for the civil and electrical work of Super Specialty Hospital, wherein several bids were invited.....

Tags : Jurisdiction, Seat, Determination


Tenant cannot be evicted for defaulting rent without determination Of ‘Provisional Rent’ by Court(21.08.2018)

In instant appeal, The Appellant-Plaintiff is the landlord of the suit premises, whereas the Defendant is the tenant. The Plaintiff filed Suit for evi.....

Tags : Rent, Determination, Eviction


Once a set of medical standards for recruitment has been prescribed, it is not open to Court to tinker with said standards(16.10.2018)

The present writ petition under Article 226 of the Constitution of India has been preferred by the Petitioners assailing their termination from the CI.....

Tags : Guidelines, Termination, Validity


Declared price/transaction value is required to be accepted unless there are valid reasons for rejection of such value(18.01.2019)

Present two Appeals have been filed by Revenue from the common impugned order passed by the Commissioner of Customs (Appeals), by which Commissioner a.....

Tags : Assessable value, Determination, Validity


Words used in advertisement should be given a literal meaning and same is to be considered strictly(05.02.2019)

Present appeal was filed against the impugned judgment and order passed by the High Court by which the Division Bench has dismissed the said appeal an.....

Tags : Termination, Eligibility criteria, Validity


Termination shall not take effect unless approved by Vice-Chancellor(08.05.2019)

In facts of present case, the Appellant, a lecturer in a private unaided college affiliated to the Chaudhary Charan Singh University (CCS University),.....

Tags : Termination, Prior approval, Vice-chancellor


Stock variation beyond permissible limits is a critical irregularity entails termination of dealership(07.11.2019)

The challenge in the present appeal is to an order of the Division Bench of the Gauhati High Court passed in writ appeal maintaining an order of the S.....

Tags : Stock variation, Dealership, Termination


Matriculation certificate is an authentic document for ascertaining date of birth of an employee cannot be doubted unless it is proved to be forged(06.03.2020)

In present case, correctness and sustainability of the order passed in Writ Petition is put to challenge wherein the learned Single Judge allowed the .....

Tags : Birth certificate, Authenticity, Determination


There must be a voluntary and intentional relinquishment of a right and voluntary choice is essence of waiver(27.08.2019)

The instant appeal is directed against the final judgment passed by the High Court whereby the High Court while dismissing the Arbitration Petition he.....

Tags : Award, Arbitral proceedings, Termination


Matters which come purely under the realm of a contract between two parties are not amenable to writ jurisdiction(22.06.2020)

The Appellants/Petitioners are aggrieved by the judgment passed by the learned Single Judge dismissing a writ petition filed by them praying for issua.....

Tags : Alleged misconduct, Termination, Legality


Compensation towards loss of love and affection not to be awarded as a separate head(30.06.2020)

In facts of present case, the deceased was residing in Doha, Qatar since 1984. The deceased was visited India in November, 1998, he was riding a scoot.....

Tags : Accident, Compensation, Determination


Notifications & Circulars

Determination of specified instruments as debt instruments(16.10.2019)

In exercise of the powers conferred by sub-section (7) of section 6 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Central Government .....

Tags : Determination, Debt instruments, Non-debt instruments


Cabinet approves determination of Fair and Remunerative Price payable by Sugar Mills for 2018-19 sugar season - A Farmer Friendly Step(18.07.2018)

Keeping in view the interest of sugarcane farmers, the Cabinet Committee on Economic Affairs chaired by Prime Minister Shri Narendra Modi has approved.....

Tags : Fair price, Determination, Sugar mills


Amending of PNDT Act(29.11.2016)

The PC & PNDT Act, 1994 was enacted for prohibition of sex selection before or after conception and for prevention of misuse of pre-conception and pre.....

Tags : Sex determination, Enactment, Amendment


Determination regarding non-payment of sum by the employer in relation to his employees as the further sum payable by the employer every month to the Deposit-Linked Insurance Fund(15.03.2017)

In exercise of the powers conferred by clause (a) of sub-section (4) of section 6C of the Employees' Provident Funds and Miscellaneous Provisions Act,.....

Tags : Employer, Non-payment, Determination


Rate of exchange of one unit of foreign currency equivalent to Indian rupees(18.08.2016)

In exercise of powers conferred by Section 14 of Customs Act, 1962 (52 of 1962), and in supersession of notification of the Central Board of Excise an.....

Tags : Foreign currencies, Conversion, Rate of exchange, Determination


Taxability of surplus on sale of shares and securities - Instructions in order to reduce litigation(29.02.2016)

The Central Board of Direct Taxes issued instructions in situations when Assessing Officers hold whether surplus generated from sale of listed shares .....

Tags : capital asset, shares, determination, litigation



SC Says, Our View Not Enough to Render Punjab Termination of Agreements Act, 2004 Invalid(10.03.2016)

Supreme Court has clarified that its ruling on the Presidential Reference on validity of Punjab Termination of Agreements Act, 2004, would not render .....

Tags : Supreme Court, Punjab Termination of Agreements Act, 2004


Gujarat HC Confirms Staff Termination Orders, Recruited by Ex-ACJ Sahai(16.12.2015)

Gujarat HC has upheld terminations of 94 high court employees by HC administration, holding their recruitment by former Acting Chief Justice V M Sahai.....

Tags : Gujarat HC, Staff Termination, Ex-ACJ Sahai


SC Seeks Reply from Centre on Termination of UPA-Appointed Governors(28.01.2016)

Supreme Court has issued notice and sought response from Government on the issue of sacking of UPA-appointed governors of Uttarakhand and Pudducherry .....

Tags : Supreme Court, Governors, Termination


Delhi HC Cancels Qualification Clause in Law Against Sex Determination Tests(19.02.2016)

Delhi High Court has struck down a clause in Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, laying down post-graduate qualification for.....

Tags : Delhi High Court , Sex Determination Tests


Bombay HC: Women Entitled to End Pregnancy Regardless of Reason(21.09.2016)

Bombay HC has held that scope of Medical Termination of Pregnancy Act should extend to "mental health" of a woman and she should be "allowed to opt ou.....

Tags : Bombay HC , Medical Termination of Pregnancy Act


SC to HCs: Set up Panel to Monitor Sex-Test Cases(10.11.2016)

Supreme Court has stepped up efforts to punish sex-determination of fetuses under PNDT Act and said India could ill-afford a socially explosive situat.....

Tags : Supreme Court , sex-determination, PNDT Act


Kerala HC: Rape Survivors Eligible for Medical Termination of Pregnancy(16.11.2016)

Kerala High Court has held that a rape survivor is eligible for Medical Termination of Pregnancy (MTP) as unwanted pregnancy is a threat to her life.

Tags : Kerala High Court, Medical Termination of Pregnancy , rape survivor


Supreme Court to Search Engine Companies: Block Pre-Natal Sex Determination Ads(16.11.2016)

Supreme Court has directed companies that operate search engines like Google India, Yahoo India and Microsoft Corp. India Pvt. Ltd to block advertisem.....

Tags : Supreme Court, Google India, Yahoo India, Microsoft, Pre-Natal Sex Determination Ads


Delhi HC Annuls NDMC Bye-Laws, Ask Civic Agency to Refund Excess Property Tax(21.08.2017)

Delhi High Court has struck down New Delhi Municipal Council (Determination of Annual Rent) Bye-laws, 2009, and asked NDMC to refund the excess tax co.....

Tags : Delhi High Court, New Delhi Municipal Council (Determination of Annual Rent) Bye-laws


Bombay High Court: Can't Be Lenient in Cases of Sex Rules Violation(21.08.2017)

Bombay High Court has voiced concern over declining sex ratio and said a lenient approach cannot be taken while deciding matters pertaining to violati.....

Tags : Bombay High Court, sex determination laws


Madras HC Allows Termination of Pregnancy of 14-Year-Old Rape Survivor(07.05.2018)

Madras High Court has allowed the termination of pregnancy of a 14-year-old girl, who was allegedly raped five months ago.

Tags : Madras High Court, Termination of Pregnancy


Sex Determination: Supreme Court Asks Centre, Three Search Engines to Meet(14.12.2017)

Supreme Court has directed Centre to hold a meeting with stakeholders like search engines Google, Yahoo and Microsoft, to find a solution to ensure th.....

Tags : Supreme Court, Sex Determination


Supreme Court Seeks Reply from Search Engines Over Ads On Sex Determination of Foetus(19.08.2015)

Supreme Court has sought reply from search engines like Google India, Yahoo India and Microsoft Corporation (I) Pvt Ltd on a plea that they were viola.....

Tags : Supreme Court ,Google India, Yahoo India,sex determination


Supreme Court: Ban on Online Info On Prenatal Sex Determination Curtails 'Right to Know'(12.04.2017)

Supreme Court has observed that a general ban on all online content about prenatal sex determination will curtail fundamental right to know of a genui.....

Tags : Supreme Court, Prenatal Sex Determination, Right to Know


Delhi HC Allows Plea Seeking Termination of 23 Weeks Old Pregnancy(15.07.2020)

Delhi High Court has allowed the plea moved by a woman seeking termination of her 23 weeks old pregnancy on the ground of abnormalities and co-morbidi.....

Tags : Delhi High Court, Termination of 23 Weeks Old Pregnancy


Madhya Pradesh HC Denies Termination of 24 Weeks Old Foetus(02.04.2020)

Madhya Pradesh High Court has dismissed the Petition of a B.A. student, seeking termination of her 24 weeks old pregnancy.

Tags : Madhya Pradesh High Court, Termination of 24 Weeks Old Foetus


Rajasthan HC Allows Termination of Sex-Worker's Pregnancy, Deeming Her Akin to Victim of Rape(13.04.2020)

Rajasthan High Court has allowed the plea of a forced sex-worker to abort her foetus treating her mental agony to be equal to that of a victim of rape.....

Tags : Rajasthan High Court, Termination of Sex-Worker's Pregnancy


Bombay HC Asks Medical Board's Opinion After Rape Survivor Seeks Termination of Pregnancy(13.04.2020)

Bombay High Court has directed the medical board at Government Medical College and Hospital, Chandrapur to give an opinion regarding arrangements that.....

Tags : Bombay High Court, Rape Survivor Seeks Termination of Pregnancy


Karnataka HC Allows Woman to Terminate Her 25 Week Pregnancy(04.05.2020)

Karnataka High Court has allowed a plea filed by a 32-year-old woman seeking to terminate her 25 week pregnancy, due to anomalies in the foetus.

Tags : Karnataka High Court, Termination of Pregnancy


Delhi HC Gives Relief to Professor Whose Services were Terminated for Taking Maternity Break(08.05.2020)

Delhi High Court has quashed the termination letter of an ad-hoc Professor whose contract was not renewed by the College as she had taken a maternity .....

Tags : Delhi High Court, Termination of Service for Taking Maternity Break


SC: Regular Inquiry Needed When Termination of Employee's Service is Stigmatic and Punitive(30.01.2020)

Supreme Court has held that a regular inquiry as per the service rules is necessary for the termination of the services of an employee when it is stig.....

Tags : Supreme Court, Termination of Employee's Service


Supreme Court: Landlord Not Precluded from Making Application for Fair Rent Determination(03.02.2020)

Supreme Court has held that a landlord is not precluded from making an application for determination of fair rent during the currency of agreed rent b.....

Tags : Supreme Court, Fair Rent Determination, Application by Landlord


Bombay HC: Simpliciter Termination of Probationer Judge, Principles of Natural Justice Not Necessary(05.02.2020)

Bombay High Court has held that in case the order of termination of a probationer judge is simpliciter termination, it is not necessary to follow the .....

Tags : Bombay High Court, Simpliciter Termination of Probationer Judge


Delhi High Court Permits Termination of Minor Rape Victim's 24-week Pregnancy(07.02.2020)

Delhi High Court has allowed termination of 24-week pregnancy of a minor rape victim, after a medical board set up by the Ram Manohar Lohia Hospital s.....

Tags : Delhi High Court, Termination, Pregnancy


Supreme Court: Relevant Date for Determination of Compensation Payable is Date of Accident(14.02.2020)

Supreme Court has observed that the relevant date for the determination of compensation payable under the Employee's Compensation Act 1923 is the date.....

Tags : Supreme Court, Relevant Date for Determination of Compensation


SC:Termination of Workmen on the Ground That Their Appointment is Illegal Will Amount to Retrenchment(29.05.2019)

Supreme Court has observed that Section 25F of the Industrial Disputes Act, 1947 will be applicable even in cases of workmen terminated on the ground .....

Tags : SC, Workmen, Termination


SC: Writ Petition Challenging Termination of Teacher Maintainable Against Private Unaided Institution(10.06.2019)

Supreme Court has held that a writ petition challenging the dismissal of services of a teacher is maintainable against a private unaided educational i.....

Tags : SC,Termination


Kerala High Court Rejects Termination of Teachers in Self-Financing Institutions(04.07.2019)

Kerala High Court has upheld the formation of the Centre for Professional and Advanced Studies (CPAS) by the State Government and approved by the Maha.....

Tags : Kerala High Court, Termination of Teachers


Delhi High Court: Termination Does not Amount to Retrenchment(29.08.2019)

Delhi High Court has ruled that a probationer is not a workman within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 and that the se.....

Tags : Delhi High Court, Termination


Doctor can Terminate Pregnancy Exceeding 20 Weeks Without Permission if Mother in Danger: Bombay HC(05.04.2019)

Bombay High Court has held that a registered medical practitioner may medically terminate pregnancy which has exceeded 20 weeks, without permission fr.....

Tags : Bombay High Court, Termination of Pregnancy, Mother in Danger


Charging Exorbitant Fee can Lead to Termination of Arbitrator's Mandate: Rajasthan HC(07.01.2019)

Rajasthan High Court has terminated the mandate of an arbitrator for charging exorbitant fee beyond the prescribed limit.

Tags : Rajasthan High Court, Termination of Arbitrator's Mandate


Introduction of Unit Area Method System Through NDMC Bye-laws Invalid: SC(24.01.2019)

Supreme Court has upheld the Delhi High Court judgment that quashed the NDMC (Determination of Annual Rent) Bye-laws, 2009, that had introduced the sy.....

Tags : Supreme Court, NDMC, Unit Area Method System, Determination of Annual Rent Bye-laws, 2009


International Cases

Where a range of meanings are available and it is possible to light on one meaning which is not defamatory, Court is not obliged to select non-defamatory meaning(03.04.2019)

The Respondent to present appeal, Ronald Stocker, is the former husband of the Appellant, Nicola Stocker. Their marriage ended in acrimony in 2012. Mr.....

Tags : Defamatory statement, Re-determination, Words


Discrimination on grounds of religious belief and political opinion is unlawful(17.12.2018)

The claimant was employed by the Respondent on a regular but not formal basis from March 2016 until 16 May 2016, on which latter date he signed a cont.....

Tags : Discrimination, Termination, Compensation


Application of general law may produce a more favourable result for claimant than statutory planning assumptions(22.02.2017)

Instant appeal concerns assessment of compensation for compulsory acquisition of two parcels of grazing land, formerly owned by present Appellant (“cl.....

Tags : Acquisition, Compensation, Determination