LegalDeli.in on LinkedIn: Contract Employees – PCMC Hospitals – Permanency & Pay scale - LegalDeli.in (2024)

The risks of unchecked presidential power include potential abuse of power without consequences, reduced accountability, and the possibility of using government resources for personal gain cannot be ruled out. This can undermine democratic principles and lead to actions that may not be in the public's best interest.

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Supreme Court of India - Directions to refund the arrears of property tax by Rajkot Municipal Corporation were upheld. On 3.9.2015, the Respondent No.2 purchased the said property from Respondent Nos.4 and 5. By the notice dated 11.3.2016, not only the property tax for 2015-2016 was demanded but outstanding dues of Rs.2,97,02,324/- of previous owners were also claimed from the respondent no.2. HELD that the liability of previous owner in respect of property tax cannot be saddled on the new owner.#supremecourtofindia #propertytax #liability #newowner #legaldelihttps://lnkd.in/djMQKGXu

Supreme Court of India clarified two key points regarding the conversion of foreign arbitral awards to Indian rupees:Date for Determining the Foreign Exchange Rate:- The relevant date for determining the foreign exchange rate for conversion the date on which the arbitral award becomes final and enforceable. Date of Conversion for Deposits:- For any deposits made by the award debtor during the pendency of objections, the conversion should be done as of the date of the deposit. After converting and adjusting the deposited amount, the remaining principal and interest should be converted based on the exchange rate on the date when the arbitral award becomes final and enforceable.This ruling provides clarity and ensures that the award holder receives the correct amount in Indian rupees, considering the fluctuations in exchange rates over time.#supremecourtofindia #arbitration #award #foreign #currency #conversion #date #legaldelihttps://lnkd.in/d3v7MnrT

HELD that the contract employees directly employed by PCMC are entitled to wages at minimum scale from the date of filing complaints by each employees.No right is created in contractual or temporary employees for regularisation / permanency merely on the strength of few years of casual / contractual service. PCMC being an instrumentality of the State is under obligation to fill in sanctioned post by regular selection.Contractual appointees of six months cannot brand themselves to be irregularly appointed on vacant sanctioned posts.No right is acquired based on contractual employment to remain in services of Corporation.

Bombay High Court Landmark Judgment of 8.8.2024 - Far-reaching implications on rent agreements in the State - HELD (i)Standard rent can be fixed in respect of the premises let after 1 October 1987 under the provisions of the MRC Act, (ii) Courts have jurisdiction to decide applications for fixation of standard rent in respect of premises let after 1 October 1987, (iii) There is no statutory fixation for determination of standard rent under Section 7(14)(b)(ii) of the MRC Act in respect of the premises let after 1 October 1987; (Iv)Standard rent in respect of premises let during the gap period of 2 October 1987 and 30 March 2000 would be governed by provisions of Section 5(10)(b)(iii) of the Bombay Rent Act, notwithstanding deletion of tenancies created after 1 October 1987 from Section 7(14)(b) of the MRC Act and (v) since tenancy of suit premises is created during gap period of 2 October 1987 & 30 March 2000, contractual rent agreed at the time of letting of premises on 31 July 1995 would be the standard rent. #bombayhighcourt #maharashtrarentcontrolact1999 #rent #standardrent #premises #tenancy #agreement #lease #legaldeliSham Joshi https://lnkd.in/d44RJK9c

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Bombay High Court - Bye-law No.174(B)(iv) of the Model Bye-laws provide that the dispute pertaining to parking between the member and the society shall be filed under Section 91 of the Maharashtra Cooperative Societies Act, 1960. However, Section 154B-29 of the Act provides for recovery of certain sums and arrears due to housing societies as arrears of land revenue.Section 154B-29 has overriding effect on Section 91.Moreover, a revision will lie against the certificate issued under Section 154B-29 of the Act.Thus, Section 154B-29 of the Act applies to the recovery of parking charges and Bye-law No.174B(iv) applies to the parking dispute. #bombayhighcourt #cooperative #society #recovery #certificate #dispute #parking #charges #legaldeliSham Joshihttps://lnkd.in/dTKK-t-E

Supreme Court of India - On 17.9.1997, the Arbitral Award in respect of the contract of 1984-85 between the parties was passed under the Indian Arbitration Act, 1940. Interest was awarded for pre and post-award periods i.e. two periods – (i) simple interest at 12% from the date of work completion till award date and (ii) 15% per annum from the date of award till the date of payment.However, the petitioner filed execution petition claiming 15% interest on the principal awarded amount plus 12% interest of pre-award period. HELD that neither the Act empowers the Arbitrator nor the Court to award interest upon interest or compound interest.Similarly, there is no other provision to grant such compound interest.Even section 34 of the CPC is silent.Moreover, sub-section (3) of Section 3 of the Interest Act, 1978, specifically prohibits that nothing in section 3 which permits the Court to award interest shall empower the Court to award interest upon interest.#supremecourtofindia #arbitration #preaward #postaward #interest #legaldeliSham Joshihttps://lnkd.in/dsZ8MYde

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Calcutta High Court held that requirement of Financer approaching RTA under Section 51(5) of the MV Act is directory and can be dispensed with in a particular case. Requirement - Section 51(5) requires the Bank, whose name has been specified in the registration certificate as the person with whom the registered owner has hire purchase agreement, to satisfy the registering authority that it has taken possession of the vehicle was taken and registered owner refuses to deliver certificate.Case - The petitioner is the auction purchaser of the vehicle covered earlier by the hire purchase agreement between the Bank and erstwhile registered owner. The vehicle was sold in auction for recovery of loan in pursuance of the direction of Arbitrator.The application of auction purchaser for registration was rejected for non-compliance of sub-section (5) of Section 51 by the Bank.HELD that this requirement is directory and can be dispensed with.Moreover, in this case, section 51(5) is not attracted since the financer had taken possession of hired vehicle, there was no complaint of non-receipt of registration certificate from earlier owner, the vehicle was already sold & delivered to the auction purchaser on the order of Arbitrator.#mvact #hirepurchase #certificateofregisration #auctionpurchaser #directory #mandatory #registrationaudhotiy #legaldelihttps://lnkd.in/dmdY9pZR

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