Tuesday, May 11, 2010
CRISIL assigns grade 4/5 to GSPC IPO
CRISIL assigns grade 4/5 to GSPC IPO: "CRISIL Research has assigned a CRISIL IPO grade of 4/5 to the proposed initial public offer (IPO) of Gujarat State Petroleum Corporation (GSPC), in their report dated May 10, 2010."
Meritorious Reserved Category candidate entitled to reservation: Constitutional Bench
Meritorious Reserved Category candidate entitled to reservation: Constitutional Bench: "In a recently delivered judgment a Constitutional Bench of the Supreme Court has declared the meritorious candidates belonging to reserved categories [MRC] are entitled to invoke the benefit of being from reserved categories in the Union Public Services Examination irrespective of the fact that they have qualified for employment on their own effort. The matter had been referred to a Constitutional Bench to decide the important question of law "as to whether candidates belonging to reserved category, who get recommended against general/unreserved vacancies on account of their merit (without the benefit of any relaxation/concession), can opt for a higher choice of service earmarked for Reserved Category and thereby migrate to reservation category".
Saturday, May 8, 2010
Rebuttable presumption in Cheque-Bouncing cases: Supreme Court
Rebuttable presumption in Cheque-Bouncing cases: Supreme Court: "Holding that the presumption under Section 139 of the Negotiable Instruments Act is one of rebuttable in nature, it is open to the accused in a cheque-bounce case to lead in evidence to rebut the presumption. Section 139 prescribes that "It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque, of the nature referred to in Section 138 for the discharge, in whole or in part, of any debt, or other liability." Thus once a holder of cheque lodges a complaint, it is presumed that the cheque was issued for discharging a liability, which unless rebutted leads to a conclusion that offence has indeed been concluded. However this presumption can be rebutted and the Bench specified the manner in which such...
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[ These are just the first few words of this post with lots of interesting content to follow. Visit our web-blog www.legalperspectives.blogspot.com for the full post, links and other exclusive content. ]
Guidelines for writing judgments: Supreme Court prescribes
Guidelines for writing judgments: Supreme Court prescribes:
"Unamused that an order passed by the High Court in challenge before it "is not only cryptic but does not even remotely deal with the arguments which were sought to be projected before it", the Supreme Court went on to prescribe the guidelines required to be observed while writing judgments. The rationale, the Bench noted, lied in the fact that "no doubt, it is true that brevity is an art but brevity without clarity likely to enter into the realm of absurdity, which is impermissible".
In this background, the Supreme Court laid out the guidelines for writing judgments in the following terms;
7. These guidelines are only illustrative in nature, not exhaustive and can further be elaborated looking to the need and requirement of a given...
"Unamused that an order passed by the High Court in challenge before it "is not only cryptic but does not even remotely deal with the arguments which were sought to be projected before it", the Supreme Court went on to prescribe the guidelines required to be observed while writing judgments. The rationale, the Bench noted, lied in the fact that "no doubt, it is true that brevity is an art but brevity without clarity likely to enter into the realm of absurdity, which is impermissible".
In this background, the Supreme Court laid out the guidelines for writing judgments in the following terms;
7. These guidelines are only illustrative in nature, not exhaustive and can further be elaborated looking to the need and requirement of a given...
Friday, May 7, 2010
SC rules in RIL\'s favour: What experts say
SC rules in RIL\'s favour: What experts say: "The Supreme Court on Friday ruled in favour of billionaire Mukesh Ambani\'s Reliance Industries in a gaspricing dispute with younger brother Anil\'s Reliance Natural Resource, making the price fixed by the government as binding."
Thursday, May 6, 2010
Skype to Add 5-Way Video Calling
Google digital Books
Google selling Digital Books this summer :
Google will be expanding Google Editions this summer, enabling customers to buy entire digital copies of books and reading them in their web browsers. This will put them in direct competition with Amazon's Kindle Store and Apple's iBook. The new service was announced by Chris Palma, Google's manager for strategic-partner development.
Google hopes that retailers will advertise the service, and that users will click through to buy books from the company’s Book Search product.sources : tech2.com
Indian Bank PO Exam - Results Out
Indian Bank PO Exam - Results Out: "Indian Bank has released the long awaited results of its Probationary Officer recruitment.The bank invited online applications during the months of Oct - Nov 2009, for which the written tests were held in January 2010. The written test was conducted by Indian bank on Jan 17, 2010 for filling 118 vacancies.Now the results have been declared & candidates have been shortlisted for the
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Wednesday, May 5, 2010
Gratuity a statutory right of employees: SC
New Delhi: The Supreme Court has ruled that gratuity is a statutory right of employees which cannot be denied to them on the ground that they are being given provident fund and pension benefits.
The apex court said no establishment can deny gratuity benefit to an employee as the statutory provision enacted by Parliament cannot be "defeated" by introduction of any "contract or instrument".
"The provisions of the Act prevail over all other enactment or instrument or contract so far as the payment of gratuity is concerned. The right to receive gratuity under the provisions of the Act cannot be defeated by any instrument or contract," a bench of Justices B Sudershan Reddy and R M Lodha said in a judgement.
The apex court passed the judgement while dismissing the appeal of state-owned Allahabad Bank challenging a decision of the High Court directing the management to grant gratuity benefits to certain retired employees.
The bank had taken the defence that it can deny gratuity to the employees who are already being extended provident fund and pension benefits as per the undertaking given by the employees.
The Bench said the provision of gratuity can be waived by the management only under exceptional circumstances with the prior approval of the government. Such a waiver can be availed of provided the government takes the view that pensionary and other retiral benefits are more favourable than gratuity benefits, the apex court said.
The apex court said no establishment can deny gratuity benefit to an employee as the statutory provision enacted by Parliament cannot be "defeated" by introduction of any "contract or instrument".
"The provisions of the Act prevail over all other enactment or instrument or contract so far as the payment of gratuity is concerned. The right to receive gratuity under the provisions of the Act cannot be defeated by any instrument or contract," a bench of Justices B Sudershan Reddy and R M Lodha said in a judgement.
The apex court passed the judgement while dismissing the appeal of state-owned Allahabad Bank challenging a decision of the High Court directing the management to grant gratuity benefits to certain retired employees.
The bank had taken the defence that it can deny gratuity to the employees who are already being extended provident fund and pension benefits as per the undertaking given by the employees.
The Bench said the provision of gratuity can be waived by the management only under exceptional circumstances with the prior approval of the government. Such a waiver can be availed of provided the government takes the view that pensionary and other retiral benefits are more favourable than gratuity benefits, the apex court said.
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