Held, Considering the text of S. 60(5)(c) and the interpretation of similar provisions in other insolvency related statutes, NCLT has jurisdiction to adjudicate disputes, which arise solely from or which relate to the insolvency of the corporate debtor. However, in doing do, NCLT and NCLAT have to ensure that they do not usurp the legitimate […]
One is entitled to correction and / or modification of name recorded in the examination certificate and other changes to information contained therein. CBSE examination bye lawsrestricting scope of permissible corrections/ changes in certificates issued by it is unreasonable. Jigya Yadav v. CBSE, (2021) 7 SCC 535
Law laid down by five-Judge Bench in Hilli, (2020) 5 SCC 757 that limitation mandatorily cannot be extended beyond prescribed period of 45 days (i.e. period of 30 days along with discretionary extension of time up to 15 days), held, operates prospectively. Because the said judgment was to operate prospectively and the written statement as
In this case, as High Court exercised its power of granting ad interim protection from arrest to accused without recording any reasons,, the least that is expected by the High Court is to record some reasons as to why it chooses to exercise its extraordinary jurisdiction. Matter remitted back to High Court for decision afresh
Criminal Procedure Code, 1973 — S. 438 — Anticipatory bail Read More »
Held, unequals are being treated equally in that no differentiation is made by the third proviso between the assessees who are responsible for delaying the proceedings and assessees who are not so responsible- since the objective was automatic vacation of stay granted on the completion of 365 days whether or not the assessee is responsible
Maximum upper limit of 50% reservation as laid down in Indra Sawhney, 1992 Supp (3) SCC 217, binding under Art. 141 and has to be implemented. As there were no grounds to refer Indra Sawhney case to a larger Bench, prayer for the same, rejected. S. 2(j) of the MSEBC Act, 2018 insofar as it declares
All-State Election Commissioners appointed under Art. 243-K/Art. 243-ZA, held, have to be independent persons who cannot be persons who are occupying a post or office under the Central or any State Government. If there are any such persons holding such post of State Election Commissioner in any State, such persons must be asked forthwith to
Hence, their conviction was not maintainable on probability. They were entitled to benefit of doubt. Hence, their conviction stood set aside. (2021) 7 SCC 204 [R. Natarajan v. State of T.N.]
In this case, study leave granted to appellant Medical Officer posted in Government (NCT) of Delhi Hospital to pursue postgraduate course, revoked vide order dt. 22-1-2021 in terms of policy dt. 20-10-2020 and office order dt. 22-10- 2020 not to grant study leave to doctors working in government hospitals in view of COVID-19 Pandemic. The
(i) clean acquittal or acquittal by granting benefit of doubt; (ii) Grave offences involving moral Turpitude; and (iii) Non-disclosure of pending criminal cases. (Paras 15 to 17) Cancellation/Refusal of appointment for the Post of Police Constable on grounds of: Cancellation of candidature of respondent candidates (4 in number) by Screening Committee on ground that respondents were
Service Law — Factors to be considered-Antecedents/Character for Appointment of Police Read More »
Terms & Conditions
The rules of the Bar Council of India prohibit law firms from soliciting work or advertising in any manner. By clicking on ‘I AGREE’, the user acknowledges that:
The information provided under this website is for informational purposes only and solely available at your request. It should not be interpreted as soliciting or advertising. I AGREE