Tag: non-obstante clause

Retired AFC Employees Win Supreme Court Battle for Higher Gratuity Payout
29Dec By The Legal ChamberNo Comments
Supreme Court

Retired AFC Employees Win Supreme Court Battle for Higher Gratuity Payout

The Supreme Court held that under the AFC’s Staff Regulations, the gratuity ceiling for employees is linked to notifications issued by the State Government. Consequently, AFC employees are entitled to the enhanced gratuity limit prescribed by the Government of Assam, as the regulations incorporate such external ceilings for employee benefit. Facts Of The Case: The Assam Financial Corporation Limited (AFC) appealed against a High Court judgment favouring its retired employees. The employees, who retired between 2018–2019, had been paid gratuity under AFC’s internal regulations, which had a ceiling of Rs. 7 lakhs as per a 2012 office order. They contended that they were entitled to a higher gratuity ceiling as per the Payment of Gratuity Act, 1972, which was aligned with the enhanced...
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Supreme Court Upholds Tribunal’s Power to Modify Military Conviction
27Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Tribunal’s Power to Modify Military Conviction

The Supreme Court affirmed the Armed Forces Tribunal’s power under Section 15(6) of the AFT Act, 2007, to substitute a conviction. It held that where evidence establishes an act prejudicial to military discipline under Section 63 of the Army Act, 1950, the Tribunal can legally replace a more severe charge with this lesser offence and modify the sentence accordingly. Facts Of The Case: The appellant, Colonel S.K. Jain, was the Commandant of the Northern Command Vehicle Depot in Udhampur. In September 2008, a contractor alleged that the appellant demanded a bribe for passing motorcycles during inspection. A trap was laid, and during a search of his office on September 27, 2008, a Board of Officers recovered an envelope containing ₹10,000 and, significantly, a quantity of old ammunition (7....
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Supreme Court Landmark Ruling: Income for Accident Claim Not Capped by Workmen’s Compensation Act
25Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Landmark Ruling: Income for Accident Claim Not Capped by Workmen’s Compensation Act

The Supreme Court held that in a claim petition under Section 166 of the Motor Vehicles Act, 1988, the Tribunal must assess compensation based on the Act's principles. It is impermissible to apply the income ceiling from the Workmen's Compensation Act, 1923, once the claimant has elected the remedy under the M.V. Act. Facts Of The Case: The appellant, a 23-year-old lorry loader, suffered grievous injuries in a vehicular accident on 1st December 2015, which resulted in the amputation of his right leg below the knee. He filed a claim petition before the Motor Accident Claims Tribunal seeking compensation. The Tribunal, assessing his monthly income at Rs. 9,000, awarded a total compensation of Rs. 19,35,400, which included a significant component for future loss of income. On appeal by ...
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Supreme Court Modifies Order: Pre-1996 Encroachments on Forest Land Spared from Eviction
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Modifies Order: Pre-1996 Encroachments on Forest Land Spared from Eviction

The Supreme Court modified its earlier order concerning forest land regularization. It declined to exempt small fragmented land parcels from being declared as protected forest but clarified the state could utilize them for purposes under Section 3(2) of the Forest Rights Act, 2006, following due procedure. The Court also allowed a one-time exemption for pre-December 1996 encroachments on specified categories of land, as recommended by the Central Empowered Committee. Facts Of The Case: The case originates from the landmark Godavarman Thirumulpad vs. Union of India case (W.P.(C) No.202 of 1995), which deals extensively with forest conservation across India. Within this ongoing litigation, an Interim Application (I.A. No.12465/2019) was filed concerning the classification and treatme...
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Key Income Tax Ruling: Supreme Court Divided on Limitation Period Under Sections 144C & 153
11Sep By The Legal ChamberNo Comments
Supreme Court

Key Income Tax Ruling: Supreme Court Divided on Limitation Period Under Sections 144C & 153

The Supreme Court delivered a split verdict on the interplay between Sections 144C and 153 of the Income Tax Act, 1961. The key legal question was whether the detailed procedure and timelines under Section 144C for eligible assessees operate within or in addition to the limitation period prescribed under Sections 153 for passing assessment orders. The divergence of opinion led to the matter being referred to a larger bench for final determination. Facts Of The Case: The case involved several foreign companies, including Shelf Drilling Ron Tappmeyer Ltd., engaged in oil exploration in India. For Assessment Years 2014-15 and 2018-19, the companies filed returns declaring losses. Their cases were selected for scrutiny, and the Assessing Officers passed draft assessment orders ...
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