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क्लेम का खेल: कोरोना मरीजों ने बिल भरा 375 करोड़, बीमा कंपनियों ने दिए 11.65 करोड़, जानिए इसके पीछे की वजह
क्लेम का खेल: कोरोना मरीजों ने बिल भरा 375 करोड़, बीमा कंपनियों ने दिए 11.65 करोड़, जानिए इसके पीछे की वजह
मध्य प्रदेश में हेल्थ इंश्योरेंस कंपनियां लोगों का मेडिक्लेम देने से बच रही हैं. उनका कहना है कि अस्पतालों ने जबरदस्ती मरीजों को भर्ती कर लिया.(File) मध्य प्रदेश में कोरोना की दूसरी लहर (Corona Second Wave) आफत बनकर आई. कई लोगों की जान चली गई. कई लोगों पर लाखों का कर्जा हो गया. अब लोग बीमा कंपनियों के चक्कर काट रहे हैं. बीमा कंपनियां बहाना बनाकर उनका क्लेम कैंसिल कर रही हैं. भोपाल. कोरोना…
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#375 करोड़ बिल#Bhopal big news#Bhopal today’s news#bill 375 crores#Corona patients#corona treatment bill#health insurance companies#Insurance#Madhya Pradesh#Medi claim#Mega news#MP Big news#today’s big news#आज की ताजा खबर#क्लेम का खेल#बड़ी खबर#बीमा कंपनियां#भोपाल की बड़ी खबर#मध्य प्रदेश की बड़ी खबर
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Don’t You Have PAN Card Yet? Here’s How to Apply For Instant PAN Card
New Delhi: on this digital generation, PAN card is a should for anyone. beginning from filing of profits Tax return to legit cause, PAN is being used as a critical report. preserving these things in thoughts, a developing quantity of people are now making use of for the everlasting Account variety (PAN) for his or her economic matters. hence the profits Tax branch has initiated a facility for ‘on the spot’ Aadhaar-primarily based PAN allotment provider. This facility from the I-T department is for people looking for to gain the precise identification for the first time. The trouble free facility from the government gets a PAN Card allotted to you in just a few mins using only a few clicks. Pan Card Apply Online even as Aadhaar is issued with the aid of the particular identity Authority of India (UIDAI) to a resident of India, PAN is a ten-digit alphanumeric quantity allotted by using the I-T branch to someone, firm or entity.
comply with these steps: First you will ought to log on to the reliable website/l https://www.Incometaxindiaefiling.Gov.In. at the left hand facet of the home page, you want to click on on “short hyperlinks” simply beneath the tab, you will discover an option “immediate e-PAN” you may want to click on on that option and then click on on “practice instant e-PAN” tab After this, you may see a form for making use of on the spot e-PAN You want to fill in all the info which should fit your Aadhaar file and click the submit button quickly after this, a fresh PAN may be allocated on the idea of a one time password (OTP) sent over the “active mobile wide variety” linked with the valid Aadhaar variety of someone. the brand new PAN card may have statistics of your name, date of delivery, gender, mobile variety and cope with. once the PAN is allocated, you will receive the PAN card by submit within a few days.
As organizations and individuals moved on-line, cyber criminals and fraudsters were capable of hone in their competencies and goal a wider range of people and organizations in the wake 0f the COVID-19 pandemic. at the same time as the variety of cyber attacks on enterprises improved in 2020, specifically for banks and bills companies, the range of individuals who have fallen prey to charge frauds via phishing has additionally improved. in line with information given in Parliament by using the Ministry of Electronics and statistics technology (MEITY) in September, the computer Emergency response crew (CERT-IN) had mentioned 696,938 cyber safety incidents among January to August 2020 compared to 394,456 incidents within the entirety of 2019. In fact, India studies 375 cyber attacks on a day by day basis as consistent with Lt. Gen. (retd.) Rajesh Pant, national Cyber security Coordinator, consistent with a PTI document. before everything, cyber criminals were capable of exploit the worry and panic that ensued inside the wake of the nationwide lockdowns by concentrated on customers with offers on scientific system and pharmaceuticals. Later, because the authorities started out to open its coffers to offer remedy finances to residents and the Reserve bank of India (RBI) added a mortgage moratorium, fraudsters were able to tap into those themes so that you can take advantage of unsuspecting customers. additionally they centered the PM CARES COVID-19 remedy fund by using developing fake Unified payments Interface (UPI) handles. primary cyber protection incidents in 2020 while fraudsters use phishing and social engineering strategies to dupe clients into sending cash to them by posing as valid organizations or traders, the variety of attacks on institutions has accelerated within the wake of the pandemic. As more humans labored from domestic, possibly on unsecured domestic networks, it have become simpler for hackers and cyber criminals to goal these employees as a way to advantage get admission to to an establishments’ network. a number of the fundamental cyber security incidents concerning payments or banking services entities encompass: January 2020: foreign money-exchange issuer, Travelex, focused with a ransomware referred to as Sodinoxbi. at the same time as the attackers demanded $6 million from the business enterprise, Travelex decided to shut its operations in 30 countries. Pan Card Apply Online February 2020: Hackers sent malicious files via phishing eemails which posed as authentic communication from the earnings Tax department private info such as names, cellphone numbers, electronic mailemail addresses and dates of start of more than 1.2 million SpiceJet passengers bikes corporation Royal Enfield uncovered a database of at least 452,000 people in January 2020, which covered their names, 1ec5f5ec77c51a968271b2ca9862907d IDs, telephone numbers, encrypted passwords, vehicle-related records and social media hyperlinks March 2020: Gang in Mumbai was apprehended after developing 4,000 faux FASTags to claim refunds worth ₹20 crore, which had been siphoned to multiple money owed April 2020: faux UPI turned into created with a comparable call to the official UPI deal with for PM CARES fund June 2020: ThreatLabZ finds instances of focused attacks on authorities and banking businesses. An e eemail with an connected report, with a malware, became sent to the RBI, IDBI bank, the department of Refinance (DOR) inside the country wide financial institution for Agriculture and Rural improvement short Heal protection Labs unearths a spear-phishing e-mail marketing campaign targeting co-operative banks mentioning that the RBI has issued new pointers which the recipient must down load thru an e mail attachment principal Bureau of investigation warns states approximately Cerberus, a trojan that sends hyperlinks to telephone users as a way to thieve information of credit card and different monetary facts from the telephone, as well as capture -aspect authentication info CERT-IN problems an advisory on EventBot, a mobile banking malware which steals customers’ statistics from financial packages. thru 0.33-party programs the malware downloads onto the victim’s device and masquerades as a valid application. it's far designed to goal over 2 hundred exclusive financial programs along with banking programs, cash transfers and wallets Over 7 million facts of BHIM UPI app customers were breached, together with scans of Aadhaar cards, caste certificate, evidence of residence, PAN playing cards, expert certificates and stages July 2020: Small and Medium organizations which currently moved to the web world are more vulnerable to cyber protection attacks for the reason that they do now not have the necessary software equipment to thwart such assaults. Hyperlocal delivery platform Dunzo’s database with users’ phone numbers and e-mail addresses was breached by way of an attacker, even though the employer says that database had no charge statistics consisting of credit score card numbers August 2020: CERT-IN issues an alert about a credit card skimmer that goals Microsoft ASP.net web sites. This skimmer is designed to extract credit score card numbers and passwords CERT-IN troubles a caution approximately a new banking malware called BlackRock. The malware mimics Google updates and asks the person for for extended machine privileges and evades antivirus programs Ticketing and travel website RailYatri has suffered a huge statistics breach, exposing private info of an estimated seven-hundred,000 individuals September 2020: the us’ department of Justice charged 5 chinese nationals for hacking institutions in India and overseas. The attackers have allegedly e installed ‘Cobalt Strike Malware’ on Indian government networks and feature compromised the web sites of numerous authorities agency and stolen software program information and enterprise intelligence November 2020: facts of over 2 crore BigBasket users, including their names, electronic mailemail IDs, password hashes, pin, and get in touch with numbers, among others, turned into leaked and is being bought on the darkish internet December 2020: consistent with Crowdstrike’s ‘2020 international CyberSecurity mindset Survey, ransomware assaults have had a good sized impact on Indian corporations over the last year, with a couple of-third of groups paying the attackers among $ 1 million to $ 2.five million to recover their information and regain system get right of entry to sensitive card facts belonging thousands and thousands of Indians has been compromised and leaked at the dark net due to a security comprise at a server used by Juspay strategies utilized by cyber criminals targeting individuals fake web sites and illegitimate vendor debts on e-trade web sites marketing healthcare and pharmaceutical products Phishing techniques to get clients to pay a price to avail the loan moratorium fake UPI IDs had been created in order that customers ship cash to the incorrect account Fraudsters create faux web sites and use phishing tries to promote insurance guidelines at In light of those growing incidents of frauds, in June remaining 12 months the RBI issued a notification to charge device operators to enhance public focus about frauds and use multi-lingual messages to teach clients. “In Spite of those tasks, occurrence of frauds maintain to bedevil virtual customers, regularly the use of the identical modus operandi users have been suggested about, together with luring them to reveal essential price records, swapping sim playing cards, opening links received in messages and e mails, and many others. There are also cases of customers being tricked into downloading spurious apps that get admission to essential facts stored on gadgets. it is, consequently, critical that each one charge structures operators and participants – banks and non-banks – hold and improve efforts to spread focus approximately virtual protection,” it stated. Pan Card Apply Online
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Reliance Industries to invest Rs 375 crore in Bill Gates' Breakthrough Energy Ventures This investment will be made in several tranches in the next 8 to 10 years. http://www.headlineenglish.com/business-news/reliance-industries-to-invest-rs-375-crore-in-bill-gates-breakthrough-energy-ventures/?feed_id=20342&_unique_id=5fae09a7c7f85 #billgates #breakthroughenergyventures #mukeshambani #relianceindustries
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Emerging landscape of COVID-19 vaccines in India as of 31 July: Bharat Biotech, Serum Institute, Zydus at the helm
Over a dozen Indian companies are in partnership with other firms and institutes to bring a preventive vaccine into global markets by 2021.
Three Indian companies have begun testing vaccines for COVID-19 in humans in expeditious trials. However, there are over a dozen Indian firms in partnership with other companies and institutes – both in India and abroad – to bring a working vaccine against the SARS-CoV-2 coronavirus into global markets.
Here’s an overview of different candidates from Indian companies that have declared their progress (or intent) to develop a vaccine against the novel coronavirus, as of 31 July 2020.
Bharat Biotech
Bharat Biotech, in a partnership with the National Institute of Virology, began recruiting volunteers for Phase 1 trials to test safety and neutralizing antibodies of its Covaxin (BBV152) vaccine candidate in 375 healthy volunteers as of 13 July.
Based on how volunteers respond in these trials, Bharat Biotech intends to continue with a multicentre, randomized, double-blind Phase 2 trial with 750 volunteers to see how safe and effective the BBC152 vaccine is in a larger group.
Bharat Biotech is also in collaboration with Thomas Jefferson University to develop a recombinant deactivated rabies virus containing the spike protein against SARS-CoV-2. With the Department of Biotechnology’s backing, Bharat Biotech is aiming to enter human trials with the vaccine by December 2020.
Serum Institute of India
Serum Institute of India is currently carrying out a randomized, double-blind study of a recombinant BCG vaccine (VPM1002) for severe cases of coronavirus infection. The vaccine is a further development of the 100-year-old Bacillus Calmette-Guérin (BCG) vaccine still widely used to treat tuberculosis. In the ongoing Phase 3 trials in 5,946 volunteers, Serum Institute is testing whether the vaccine reduces the severity of COVID-19 in high-risk patients.
Serum Institute has also said it will begin testing for the Oxford-AstraZeneca vaccine (AZD1222) candidate in India soon. It received a no-go from Indian regulators for its trial protocol this week, and is expected to run a revised version by Indian regulator (CDSCO) in a few days’ time. After promising results in mid-July from early trials the experimental Oxford-AstraZeneca vaccine, Serum announced it will manufacture a billion doses of the vaccine after seeking the required approvals.
Serum Institute, in partnership with US-based Codagenix, is developing a live attenuated COVID-19 vaccine candidate CDX-005, which is in pre-clinical trials as of July 2020.
An illustration of COVAXIN, the vaccine candidate for COVID-19 developed by Bharath Biotech. Image: Bharath Biotech
Zydus Cadila
Zydus Cadila Healthcare, backed by the Department of Biotechnology (DBT), began recruiting for its phase 1/2 clinical trials on 13 July to test for safety and efficacy of its DNA plasmid ZyCoV-D vaccine candidate in 1,048 volunteers. In the pre-clinical phase, ZyCoV-D produced a strong immune response in multiple animal species including mice, rats, guinea pigs and rabbits, and raised no safety concerns.
A second measles vector vaccine candidate for COVID-19 from Zydus is currently in pre-clinical trials.
Panacea Biotec
Panacea Biotec has entered into a Joint Venture partnership with US-based Refana to develop, manufacture and distribute a COVID-19 vaccine candidate globally by next year. The Ireland-based joint venture is working on an inactivated SARS-CoV-2 vaccine, adding in an interview with Reuters that the vaccine is currently in animal pre-clinical trials, with Phase 1 human trials likely to begin only after September 2020.
It has targeted producing 500 million doses in 2021 and one billion doses of its vaccine candidate in 2022, as per the report.
Indian Immunologicals
Indian Immunologicals and Australia’s Griffith University entered a partnership to develop a potential COVID-19 vaccine candidate that could provide “long-lasting protection with a single dose,” as per an April press release.
The company intends to take over live attenuated vaccine strain once developed, and carry out clinical trials under Indian regulators in a phased manner. The vaccine development is currently in pre-clinical stages as per WHO’s vaccine tracker as on 31 July.
The J&J vaccine, which enters Phase 2 trials in late-July after successfully protecting monkeys from COVID with a single shot. Image: JnJ
Mynvax
Indian Institute of Science-incubated start-up Mynvax has received funding and support from the Bill and Melinda Gates Foundation to develop a series of recombinant subunit vaccines for SARS-CoV-2. The vaccine will be primarily aimed at the most at-risk groups for COVID-19 (health workers, senior citizens and people with co-morbid conditions).
Mynvax said in a May update that selection and preclinical trials have been completed for many candidates, with more being screened “over the next few months.” Mynvax has also applied for Rs 15 crores in funding from the Biotechnology Industry Research Assistance Council (BIRAC) to scale-up and manufacture successful candidates.
Other Indian companies in pre-clinical trials
Biological E has also been backed by the Bill and Melinda Gates Foundation. The company is developing a protein subunit vaccine using the part of the SARS-COV-2 virus’ spike protein. The vaccine candidate is in pre-clinical trials as of 31 July 2020.
Aurobindo Pharma based in Hyderabad is also presently conducting pre-clinical tests for its replicating viral vector vaccine against SARS-CoV-2.
Premas Biotech based in Gurugram is reportedly working on a triple-antigen vaccine candidate, and has successfully identified three antigens with which to develop independent recombinant vaccine candidates against SARS-CoV-2.
Ahmedabad-based Hester Biosciences in collaboration with IIT-Guwahati is reportedly developing a vaccine against COVID-19 using a recombinant avian paramyxovirus vector. Primarily an animal healthcare firm, and the second largest poultry vaccine manufacturer, this will be the company’s first foray into human vaccines.
Gujarat Biotechnology Research Centre (GBRC) has partnered with Neuberg Supratech, an Ahmedabad-based pathology lab under Neuberg Diagnostics, to develop COVID-19 recombinant vaccines and diagnostics.
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2019 SCC Vol. 2 February 28, 2019 Part 3
Arbitration and Conciliation Act, 1996 — S. 34 — Extension of limitation period/Condonation of delay beyond the period prescribed: S. 5 of the Limitation Act, 1963 has no application to an application challenging an arbitral award under S. 34 of the 1996 Act. Further, a plain reading of sub-section (3) along with the proviso to S. 34 shows that the application for setting aside the award on the grounds mentioned in sub-section (2) of S. 34 could be made within three months and the period can only be extended for a further period of thirty days on showing sufficient cause and not thereafter. Further, the use of the words “but not thereafter” in the proviso makes it clear that the extension cannot be beyond thirty days. [Simplex Infrastructure Ltd. v. Union of India, (2019) 2 SCC 455]
Arbitration and Conciliation Act, 1996 — S. 73 — Conciliation — Interest on account of delay in payment of settlement amount: In this case parties entered into a settlement agreement through the intervention of the conciliators in terms of which the respondents GSHL and GSPI agreed to pay a total amount of Rs 1605 crores in Indian currency. During the pendency of the appeal, the respondents deposited an amount of Rs 1610 crores and as a consequence, their entire liability till 10-11-2012 stood discharged. The Supreme Court held, since the parties requested for termination of the proceedings finally and since the outstanding dues had already been cleared there was no legal impediment in deciding the issue of payment of interest and its rate in the appeal finally to give quietus to the litigation.Thus, respondents directed to pay interest on the principal sum of Rs 1610 crores to the appellant@8%p.a. payable from 10-11-2012 i.e. when the entire payment became due. [State Trading Corpn. of India Ltd. v. Global Steel Holding Ltd., (2019) 2 SCC 387]
Armed Forces — Court Martial — Summary Court Martial — Natural Justice—Compliance—Necessity—Denial of legal assistance—Effect of: In this case in terms of R. 129, Army Rules, 1954 appellant was entitled to assistance of legal adviser or any other person in summary court martial. Appellant had rendered seven years of service and was pitted against Commanding Officer. Denial of benefit of legal representation which appellant desired at his own expense resulted in violation of principles of natural justice. Consequently, punishment imposed on basis of summary court martial was liable to be set aside. Moreover, appellant was prejudiced inasmuch as he was dismissed from service and sentenced to six months’ imprisonment depriving him of both livelihood and liberty. [Jaswant Singh v. Union of India, (2019) 2 SCC 360]
Constitution of India — Art. 226: Writ petitions filed by R-1 against appellant’s complaint against him, disposed of by High Court with observations detrimental to complaint, not proper. [Joshine Antony v. Barafwala Cold Storage & Agro Processor, (2019) 2 SCC 464]
Constitution of India — Art. 226—Notice/Summons/Knowledge of Proceedings: Order of disposal of writ petition without issuing notice to some parties is not sustainable. Court is duty-bound to hear all parties by giving them opportunity to place their stand. [Johra v. State of Haryana, (2019) 2 SCC 324]
Constitution of India — Arts. 21 and 14 — Prisoner on death row: A prisoner can be said to be a prisoner on death row when his sentence is beyond judicial scrutiny and would be operative without any intervention from any other authority. However, reiterated, there is no difference between a separate cell and solitary confinement. A convict on death row is entitled to move within the confines of prison like any other convict undergoing rigorous imprisonment and enjoy same rights. Prison Manuals directed to modified accordingly. [Inhuman Conditions in 1382 Prisons, In Re., (2019) 2 SCC 435]
Constitution of India — Arts. 226 and 227—Exercise of power — Setting aside an order as it lacked reasons: In this case, licence of fair price shop allotted to R-1 was cancelled. Appeal was preferred before Commissioner which was dismissed however no reasons were assigned for dismissal. High Court set aside order passed by Commissioner but did not decide dispute on merits or remand for reconsideration. It was held, as order of Commissioner was unreasoned, High Court was justified in setting it aside. Once High Court set aside order it had two options (i) to decide dispute on merits itself, or (ii) remand it for reconsideration. Parties are entitled for decision on merits by Commissioner as appellate authority and then by High Court. Hence, order passed by High Court set aside by remanding to Commissioner for reconsideration. [Meera Mishra v. Satish Kumar, (2019) 2 SCC 375]
Consumer Protection Act, 1986 — Ss. 12(1)(c), 13(6) & 2(1)(b) and Or. 1 R. 8 CPC — Maintainability of complaint: In this case various persons booked apartments in housing project of respondent builder. They entered into builder-buyer agreement wherein it was specifically provided that possession would be delivered within three years. This time period expired in 2010 but no possession was handed over. Somewhere in April 2012, respondent builder demanded final instalment connected with delivery of possession. When it was found that work was incomplete, some buyers filed writ petition and it was disposed of with liberty to approach competent authority. Accordingly, detailed representation was made. These buyers challenged order passed on their representation. Meantime, 19 of such buyers approached National Consumer Commission by filing two separate complaints. Commission observed that where large number of consumers involved, complaint has to be filed on behalf of or for the benefit of all persons having community of interest. Complaint filed on behalf of only some of them, held, rightly held to be not maintainable as it did not comply with S. 12(1)(c) r/w S. 13(6). Liberty granted to appellant consumers to approach State Commission on same set of pleadings and evidence after complying with S. 13(6) of the Act and Or. I R. 8 CPC. [Rameshwar Prasad Shrivastava v. Dwarkadhis Projects (P) Ltd., (2019) 2 SCC 417]
Criminal Procedure Code, 1973 — S. 319: As supplementary charge-sheet was ignored by trial court while discharging appellant-accused, there was no bar to proceed against him under S. 319 CrPC based on supplementary charge-sheet, particularly when sufficient material is brought on record against him during course of trial. [Deepu v. State of M.P., (2019) 2 SCC 393]
Criminal Procedure Code, 1973 — S. 482 —Mode of disposal of quashment petition: For proper disposal of quashment petition the Court need to set out factual matrix and then decide petition in accordance with applicable law. [Geeta v. State of U.P., (2019) 2 SCC 321]
Criminal Procedure Code, 1973 — S. 482: As averments and allegations made in the complaint did not disclose any criminality on part of accused and civil dispute was tried to be converted into a criminal dispute, it was held that criminal proceedings were rightly quashed by High Court. [Vinod Natesan v. State of Kerala, (2019) 2 SCC 401]
Criminal Procedure Code, 1973 — S. 482—Mode of proper disposal under: For proper disposal of quashment petition the Court need to set out factual matrix and then decide petition in accordance with applicable law. [Sangeeta Agrawal v. State of U.P., (2019) 2 SCC 336]
Criminal Procedure Code, 1973 — Ss. 156(3), 20, 22 and 482: Power of Executive Magistrate to direct the police to register an FIR on basis of a private complaint lodged before him, not available. If a complaint is filed before an Executive Magistrate regarding an issue over which he has administrative jurisdiction, and he proceeds to hold an administrative inquiry, he may lodge an FIR himself in the matter. In such a case, entirely different considerations would arise. [Naman Singh v. State of U.P., (2019) 2 SCC 344]
Customs — Valuation — Enhancement of assessable value of imported goods by Revenue: Normally, the assessing officer is supposed to act on the basis of price which is actually paid and treat the same as assessable value/transaction value of the goods, however, as per R. 4(2), the transaction value mentioned in the bills of entry can be discarded in case it is found that there are any imports of identical goods or similar goods at a higher price at around the same time or if the buyers and sellers are related to each other. Further, in order to invoke such a provision it is incumbent upon the assessing officer to give reasons as to why the transaction value declared in the bills of entry was being rejected; to establish that the price is not the sole consideration; and to give the reasons supported by material on the basis of which the assessing officer arrives at his own assessable value. [CCE v. Sanjivani Non-Ferrous Trading (P) Ltd., (2019) 2 SCC 378]
Government Grants, Largesse, Public Property and Public Premises — Illegal/Unauthorised Occupation/Encroachment of Government Land and Eviction/Dispossession therefrom and Demolition: Proper remedy for eviction proceedings under Public Premises (Eviction of Unauthorised Occupation) Act, 1971 is to file suit for eviction. [Western Coalfieds Ltd. v. Ballarpur Collieries Co., (2019) 2 SCC 327]
Government Grants, Largesse, Public Property and Public Premises — Illegal/Unauthorised Occupation/Encroachment of Government Land and Eviction/Dispossession therefrom and Demolition: As possession of appellant of municipal land was not proved to be lawful, refusal to execute sale deed in favour of appellant by Municipality, held, justified. Once possession is unlawful, such possessor liable to be evicted.Considering factual aspects of case, Supreme Court itself fixed quantum of damages to be paid by unauthorised possessor. [Masroor Ahmad Khan v. State of Uttarakhand, (2019) 2 SCC 397]
Kerala Education Rules, 1959 — R. 4 — Newly sanctioned post of Higher Secondary School Teacher (Economics) — Whether to be allocated as per cadre strength or to be filled by transfer: In terms of R. 4(2) every vacancy of Higher Secondary School Teacher was first required to be filled by transfer of Higher Secondary School Teacher (Junior) in subject concerned which served interests of School, students and teachers already serving in the Institution. Direct recruitment was to be resorted to only when qualified Junior Lecturers in subject concerned were unavailable. It was further held that plain reading of R. 4(2) clearly indicated that for apportioning vacancy, cadre strength was immaterial. Said interpretation is further reinforced by reading R. 4(3) Note (i) in contradiction to R. 4(2)(ii) which make it clear that for appointment of Higher Secondary School Teacher vacancy shall be apportioned whereas for appointment of Higher Secondary School Teacher (Junior), “total posts” are to be apportioned on basis of cadre strength. Management directed to appoint respondent who was working as Higher Secondary School Assistant in the Institution. [V.K. Girija v. Reshma Parayil, (2019) 2 SCC 347]
Labour Law — Labour Court/Industrial Tribunal — Recall of ex parte award — Jurisdiction of Tribunal: Jurisdiction of Tribunal to render an ex parte award is conditional upon fulfilment of the prescribed requirements. If there is no sufficient cause for the absence of a party Tribunal undoubtedly has jurisdiction to proceed ex parte but if there was sufficient cause shown which prevented a party from appearing, then Tribunal will have had no jurisdiction to proceed and consequently, it must necessarily have power to set aside the ex parte award. In other words, there is power to proceed ex parte, but this power is subject to the fulfilment of the prescribed conditions. The power to proceed ex parte carries with it the power to enquire whether or not there was sufficient cause for the absence of a party at the hearing. [Mahabir Prosad Choudhary v. Octavius Tea & Industries Ltd., (2019) 2 SCC 476]
Land Acquisition Act, 1894 — S. 23—Market value—If correctly fixed: In this case, Reference Court, enhanced compensation from Rs 20,200 per acre to Rs 8,40,000 per acre (Rs 21,000 per gunta), it was held that there was no infirmity in order passed by High Court partly allowing appeal of appellant to reduce it to Rs 4,10,000 per acre (Rs 10,250 per gunta). [LAO v. Mallappa, (2019) 2 SCC 373]
Land Acquisition Act, 1894 — S. 23—Market value—Matters to be considered: In this case, from Rs 21,000 per gunta fixed by Reference Court, High Court fixed market rate at Rs 14,500 per gunta and deducting 30% towards development charges fixed at Rs 10,250. LAO found acquired land suitable for construction, situated in well-developed city area surrounded by several big factories, industrial estate and housing colonies and abutting main road. Moreover, exemplar sale deeds of nearby land proved market value of nearby lands from Rs 7250 per gunta to Rs 57,000 per gunta for smaller area. It was held that circumstances emerging from record and keeping in view evidence adduced by parties, it was just and proper to fix Rs 21,000 per gunta as market value after deducting 10% towards development charges fixing Rs 18,900 per gunta for payment of compensation. Statutory compensation payable under Act, directed to be recalculated in the light of market rate fixed by Supreme Court. [Mallappa v. LAO, (2019) 2 SCC 369]
Narcotic Drugs and Psychotropic Substances Act, 1985 — Ss. 80, 8, 21 and 22 — Offences in relation to manufactured drugs: Provisions of NDPS Act can be applied in addition to provisions of Drugs and Cosmetics Act and are not in derogation of Drugs and Cosmetics Act. Additionally, it is prerogative of State to prosecute offender in accordance with law. [State of Punjab v. Rakesh Kumar, (2019) 2 SCC 466]
Penal Code, 1860 — Culpable Homicide or Murder — Determination of — Knowledge and Intention — What are and proof of: In this case, A-1 and A-2 along with others entered house of deceased (their political rival) and A-2 being exhorted by A-1 shot and killed deceased. Concurrent conviction of A-1 (with aid of S. 149) and A-2, affirmed, even though other accused stood acquitted. It was observed that PWs 1 and 2 (eyewitnesses) proved presence of A-1 at crime scene. Motive of A-1 to kill deceased, was clearly proved. There was enmity due to municipality politics and filing of election petition by wife of deceased against election of A-1. PW1 stated that A-1 exhorted and said that deceased must be finished and further stated that she will see how “no confidence motion” is passed against her. Submission that as A-6 and A-7 are acquitted, number of other accused shall be five or less than five and, therefore, conviction of A-1 under S. 302 IPC with aid of S. 149 IPC is not sustainable, held, has no substance. There was no definite finding by High Court that A-6 and A-7 were not present and there was overwhelming evidence to prove case against A-1 and A-2. Firearm used by A-2 was recovered at his instance. Courts below rightly convicted A-1 and A-2. Unsuccessful attempt of defence to prove that there was no electricity supply during incident. Deposition of electricity engineer, DW 3, disbelieved. Prosecution succeeded in proving interpolation and overwriting in Ext. 32 on the timing and 2015 hours has been shown as 2030 hours. There was no material contradiction in evidence of PWs 1 and 2. There might be minor contradictions but benefit of doubt cannot be given if there are material contradictions. [Farida Begum v. State of Uttarakhand, (2019) 2 SCC 440]
Service Law — Appointment — Tenure appointment — Notice as to duration of tenure — When deemed to be served: In this case advertisement was issued inviting applications for post of Director, CDC clearly stating that tenure of Director would be 3 yrs, hence it was held that appellant was put to notice that his appointment was for period of three years though office order dt. 2-11-1992 vide which he was appointed did not mention tenure. Moreover, in terms of revised Guidelines issued by UGC, Director, CDCcould serve only two tenures of three years each. Appellant had already served two tenures, thus, High Court was justified in holding that appellant could not continue as Director, CDC. Moreover, it cannot be held that merely because sentence providing for tenure limitation follows sentence on deputationists, it is only applicable to them. Tenure limitation applies to every person appointed to post. [S.C. Singh v. State of Uttarakhand, (2019) 2 SCC 364]
Service Law — Appointment — Eligibility conditions/criteria — Post of Principal: In this case, Appellant possessed 9 yrs and 3 months of experience; availed study leave for period between 15-4-1992 to 8-3-1996. It was held that study leave cannot be considered as teaching experience. Further held, exemption granted to appellant during pendency of proceedings before Supreme Court ought not to have been granted. Nevertheless, in absence of any retrospective application having been granted to such exemption, said exemption would not enure to benefit of appellant. No interference with impugned judgment finding appellant ineligible to hold post of Principal called for. [Vivek Mudgil v. State of U.P., (2019) 2 SCC 427]
Service Law — Recruitment Process — Eligibility conditions/criteria: In this case Post of Technician III, qualification prescribed was Matriculation with ITI in Electrical Trade. Appellants were not possessing ITI certification but were diploma-holders in Electrical Engineering/Electronics &Communication. It was held, prescription of qualification for post is matter of recruitment policy . Further held, State as employer is entitled to prescribe qualifications as a condition of eligibility after taking into consideration nature of job, aptitude required for efficient discharge of duties, functionality of qualification, course content leading up to acquisition of qualification, etc..Judicial review cannot expand upon ambit of prescribed qualifications nor decide equivalence of qualification . Equivalence of qualification is matter for State, as recruiting authority, to determine. In absence of specific statutory rule under which holding of higher qualification could presuppose acquisition of lower qualification, such inference cannot be drawn. Division Bench was justified in reversing order of Single Judge and holding that appellants could not be included in select list since they did not possess stipulated qualifications. [Zahoor Ahmad Rather v. Imtiyaz Ahmad, (2019) 2 SCC 404]
Specific Relief Act, 1963 — Ss. 34 and 38—Declaration of ownership and title—Matters to be established and proved: In this case suit for declaration of plaintiffs’ownership over suit property and permanent injunction against defendant from interfering with possession of plaintiffs, burden was on plaintiffs to prove ownership by producing relevant documentary and oral evidence. Question in issue was whether suit property owned by respondent-plaintiffs or appellant Temple, it was held on facts that as plaintiffs failed to discharge burden of proof. [Sri Ram Mandir, Jagtial v. S. Rajyalaxmi, (2019) 2 SCC 338]
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