Insolvency Proceedings – Corporate Guarantor – Status of guarantor as corporate debtor – Action under Section 7 of the Insolvency and Bankruptcy Code, 2016, can be initiated against a corporate person who is a guarantor for a loan taken by a principal borrower, even if the principal borrower is not a corporate person – Definition of "corporate guarantor" in Sectio...
Service Law – Ex-servicemen – Seniority – Rule 9(3) of Punjab Recruitment of Ex-servicemen Rules, 1982, does not grant benefit for military service towards seniority – Appellant not entitled to claim benefit under Rule 4 of 1972 Rules for determining seniority after the enforcement of 1982 Rules – Appeals dismissed [Paras 1-24].
Repeal and Savings – Applicati...
Electoral Bonds – Transparency and Accountability – Scheme ensures transactions only through banking channels – Purchasers must comply with KYC norms – Scheme allows anonymity but ensures traceability through banking records – Companies' financial statements must reflect expenditures, ensuring public access through the Registrar of Companies – Interim arrang...
Arbitration and Insolvency – Section 7 of IBC and Section 8 of Arbitration Act – Petition under Section 7 of IBC filed by Kotak India Venture for initiation of Corporate Insolvency Resolution Process (CIRP) – Application under Section 8 of Arbitration Act filed by Indus Biotech to refer the matter to arbitration – NCLT allowed the application under Section 8, leading to dis...
Termination of Concession Agreement – Arbitration Clause – Termination of Concession Agreement by Haryana Shehri Vikas Pradhikaran (HSVP) due to alleged default by concessionaire – Invocation of writ jurisdiction by HMRTC and HSVP to challenge termination notices and ensure continuation of metro operations – Supreme Court held arbitration clause provides sufficient recourse...
Motor Accident Claims – Separate and Distinct Remedies – Section 163-A vs. Section 166 – Simultaneous Proceedings – Remedies under Sections 163-A and 166 of the Motor Vehicles Act, 1988 are independent and separate – Claimants cannot pursue both remedies simultaneously – Section 163-A is based on 'no-fault liability' and applicable for claimants earning ...
Service Law – Recruitment Rules – ANM Qualification – The requirement under Rule 5 of the 1997 Rules and Rule 15 of the 2016 Rules for candidates to possess intermediate qualifications in the science stream for appointment as Health Worker/ANM upheld – State's power to prescribe eligibility criteria for recruitment recognized – Advertisement specifying criteria co...
Service Law – Regularization of Contractual Employees – Relief of regularization not available to contractual employees based on Umadevi (2006) – Contract employees had not completed 10 years of service by the time of Umadevi judgment – University’s proposed modality for recruitment process including age relaxation and additional marks for service duration approved &n...
Termination of Service – Invalid Qualification – Non-Existing Institute – Petitioner employed as ETT Teacher based on Junior Basic Training (JBT) from Bihar Pradesh Shiksha Parishad, Shripalpur – Institute found non-existent – Petitioner issued charge-sheet and subsequently terminated for lack of necessary qualification – Court held petitioner without minimum qu...
Service Law – Appointment of Constable – Acquittal on Benefit of Doubt – Respondent acquitted under Sections 302, 323, 341, 34 of IPC due to benefit of reasonable doubt – Trial Court opined prosecution failed to prove charges beyond reasonable doubt – Respondent applied for constable post in Rajasthan Police – Recruitment process included disqualification for th...