Insolvency – CIRP Suspension – Applicability of Section 10A – Appeal against NCLAT ruling that Section 10A bars applications filed for defaults occurring on or after March 25, 2020 – Supreme Court held Section 10A applies retrospectively to defaults occurring on or after March 25, 2020, regardless of when the application was filed – Purpose of Section 10A is to preven...
Election Law – Rejection of Nomination Papers – Judicial Review – Maintainability of Writ Petition – Petitioner's nomination papers rejected on grounds of illegal occupation of government land – Court held writ petition not maintainable – Election disputes to be addressed through election petitions as per Article 243ZG of the Constitution and Sections 74 and...
Constitutional Law – Right to Marry – Petitioners married without the consent of the woman's family – Woman's father filed a missing person complaint – Police demanded the woman to appear at the police station despite her informing them of her marriage and feeling threatened – Supreme Court held that the consent of family or community is not required once two ...
Constitutional Law – Right to Salary and Pension – COVID-19 pandemic led to financial crisis in Andhra Pradesh – State deferred payment of salaries and pensions – High Court ordered payment with 12% interest – Supreme Court upheld the payment of deferred salaries and pensions but scaled down interest to 6% – Salaries and pensions are rightful entitlements for se...
Service Law – Compulsory Retirement – Bank Manager charged with sanctioning and disbursing loans irregularly without following due procedure – Misappropriation and disbursing loans to units without business, multiple loans to family members – Enquiry Officer found charges proved – Disciplinary authority imposed compulsory retirement, accepted by appellate authority an...
Civil Law – Suit for Injunction – Plaintiff sought injunction to prevent defendants from disturbing possession – Defendants contested, claiming title and possession – Trial court granted injunction based on plaintiff’s possession – First Appellate Court reversed, questioning validity of power of attorney and sale deed – High Court restored trial court&rsqu...
Service Law – Recruitment – Government of Maharashtra issued requisition for LDCE to fill 828 vacancies for Police Sub-Inspector – Later decided to accommodate additional 636 candidates without consulting MPSC – Tribunal vacated interim order of status quo, which was challenged in High Court – High Court directed training of additional candidates – Supreme Court...
Punjab Village Common Lands (Regulation) Rules, 1964 – Rule 12(4) – Encroachment and Regularization – Petitioners encroached upon Panchayat land and sought regularization under Rule 12(4) – Competent authority and High Court found illegal occupation exceeding 200 square yards – Regularization limited to 200 square yards, inclusive of constructed and open space –...
Transfer of IAS Officers – Discretion and Administrative Exigencies – Rule 7 of IAS Cadre Rules, 1954 – Petitioner, 100% visually impaired IAS Officer, challenged transfer as discriminatory – Court held transfer is an incident of service, no vested right to specific posting – Transfer orders based on administrative exigencies and public interest, not discriminatory &n...
Constitutional Law – Admission Regulations – Rule 12(8)(a) of Madhya Pradesh Chikitsa Shiksha Pravesh Niyam, 2018 – Appellant challenged the rule prohibiting the inclusion of vacant seats from mop-up round in college level counseling – Supreme Court declared Rule 12(8)(a) as violative of Article 14 of the Constitution – Found that the rule imposed unreasonable restric...