“The policy of compassionate appointment is premised on the death of an employee while in harness. The death of an employee is liable to render the family in a position of financial hardship and need. Compassionate appointment is intended to alleviate the hardship that the family of a deceased employee may face upon premature death […]Read more "Section 16 of The Hindu Marriage Act"
07.01.2019 My Lord, Teachers are Employees under Section 2(e) of The Payment of Gratuity Act, 1972? “No. Clearly Not. See, Ahmedabad Pvt. Primary Teachers Association, (2004) 1 SCC 755.” – Hon’ble Justice Abhay Manohar Sapre, Birla Institute of Technology v. The State of Jharkhand, [Civil Appeal No. 2530 of 2012]. ________ 09.01.2019 My Lord, Teachers […]Read more "Section 2(e) of The Payment of Gratuity Act, 1972"
“The material questions, which are required to be gone into for grant of the relief of specific performance, are first, whether there exists a valid and concluded contract between the parties for sale/purchase of the suit property; second, whether the plaintiff has been ready and willing to perform his part of contract and whether he […]Read more "Relief of Specific Performance"
“Every breach of contract gives rise to an action for damages. Innocent party is to be placed, so far as money can do so, in the same position as if the contract had been performed. The aforesaid proposition remains to hold the field. This rule is more qualified when it comes to the real estate […]Read more "The Law on Compensation for Breach of Contract III"
“There can be no doubt that a mere breach of contract is not in itself a criminal offence. However, as held by this Court in Mridaya Ranjan Prasad, (2000) 4 SCC 168 the distinction between mere breach of contract and cheating, which is a criminal offence, is a fine one. Breach of contract would amount […]Read more "Section 482 of The Code of Criminal Procedure, 1973 III: Deception at Inception"
“The issues arising relate to procurement of 36 Rafale Fighter Jets for the Indian Airforce. It is our considered opinion/view that the extent of Permissible Judicial Review in matters of contracts, procurement, etc. would vary with the subject matter of the contract and there cannot be any Uniform Standard or Depth of Judicial Review which […]Read more "The Nature of Judicial Power: 36 Rafale Fighter Jets"
” By The Specific Relief (Amendment) Act 2018, Section 14 has been amended. In the present case, we are not called upon to examine the effect of this amended provision. The issue before this Court is whether Section 14(3)(c)(iii) is a bar to a suit by a developer for specific performance of a development agreement between […]Read more "Section 14(3)(c)(iii) of The Specific Relief Act, 1963"