Evolving Tests for Employer–Employee Relationship under Labour Legislation: Supreme Court Clarifies and Outlines
In a significant judgment in the case of General Manager, U.P. Cooperative Bank Ltd V. Achchey Lal & Anr., the Supreme Court of India clarified the principles for determining the existence of an employer–employee relationship under labour legislations such as the Industrial Disputes Act, 1947 and the Factories Act, 1948. The Court outlined four key […]
Notification On Companies (Compromises, Arrangements And Amalgamations) Amendment Rules, 2025
The Ministry of Corporate Affairs (MCA) has issued Notification No. G.S.R. 603(E) on 4 September 2025, to further amend the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. These new regulations, titled the Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2025, come into force on the date of their publication in the Official Gazette. The amendments […]
Equity Demands Uniform Regularisation of Similarly Situated Employees In Same Establishment: Supreme Court
Recently, in Dharam Singh & Ors. v. State of U.P. & Anr., the Supreme Court underscored and preserved the principle of equity and ruled against the selective regularisation of similarly situated employees. The Court held that the State cannot extend regularisation benefits to some daily-wage workers while denying the same to others placed in identical […]
Agreement To Sell, General Power Of Attorney, And Unproven Will Do Not Confer Property Title: Reiterates Supreme Court
Recently, in Ramesh Chand (D) Thr. Lrs. v. Suresh Chand And Anr., the Supreme Court reaffirmed that the title of immovable property can only be conveyed through a registered sale deed, setting aside decisions by the Delhi High Court and Trial Court. The Apex Court underscored that documents like an agreement to sell, General Power […]
NCLT Has Jurisdiction to Examine Allegations of Fraud and Validity of Documents in Oppression & Mismanagement Cases: Clarifies Supreme Court
Recently, the Hon’ble Supreme Court of India in Mrs. Shailja Krishna vs. Satori Global Limited & Ors., held that the National Company Law Tribunal (NCLT) has jurisdiction to examine allegations of fraud and determine the validity of documents while adjudicating complaints of oppression and mismanagement under the Companies Act. In this case, the Appellant, who […]
Landowners also liable along with the Builder for Shortcomings in Construction of Flats: Upholds Supreme Court
The Apex Court has recently held in the case of Akshay & Anr. v/s Aditya & Ors that landowners are jointly and severally liable along with builders in consumer cases for deficiency of services. The Apex Court held that landowners cannot absolve themselves from liabilities by revoking power of attorney (“POA”) between them and builders executed for […]
Occupancy certificate (OC) or Completion certificate (CC) is now mandatory for issuing letters of possession: Directive by UP-RERA
In a recent directive vide Order No. 7316/U.P. RERA/Admin./2024-25, dated 29/05/2024, the Uttar Pradesh Real Estate Regulatory Authority (“UP RERA”) has mandated that builders/ developers must secure an occupancy certificate (“OC”) or completion certificate (“CC”) before issuing possession letters to homebuyers. In order to obtain the OC/ CC, the promoter must submit an application along […]
Landlord entitled to receive compensation in the form of ‘mesne profits’ from tenant in case tenant continues to retain possession even after tenancy rights are extinguished: Observes Supreme Court
In the recent case of Bijay Kumar Manish Kumar Huf v. Ashwin Bhanulal Desai, the Hon’ble Supreme Court of India, drawing support from its earlier judgment in the case of Indian Oil Corporation Ltd. v. Sudera Realty Private Limited, held that if a tenant continues to be in possession of the rented premises even after his right […]
Partition Can Also Be Achieved Through a Settlement or Verbal Agreement: Reiterates Supreme Court
The Supreme Court has made a significant observation in the matter of H. Vasanthi v. A Santha, stating that it is not compulsory that partition should be effected exclusively through a written instrument in strict accordance with the requirements of law. In the specific case at hand, the plaintiff’s contention centered around the ancestral property, tracking it […]
Though Agreement To Sell does not confer Title, Possessory Right of prospective purchaser protected under Sec 53A Transfer of Property Act : Observes Supreme Court
The Hon’ble Supreme Court in the matter Ghanshyam v Yogendra Rathi has held that even though an Agreement to Sell does not transfer proprietary rights in an immovable property, however, when the prospective purchaser performs his part of the contract and receives possession of the property, then he/she is said to have acquired possessory title and the […]