Criminal Law – Rape and Murder – Conviction – Appellant convicted of rape and murder of a minor girl based on disclosure statement leading to recovery of the dead body – Court affirmed the conviction noting the strong chain of circumstances and corroborative evidence – Testimonies of witnesses established the appellant's involvement in the crime – Conviction...
Army Act, 1950 - Sections 39(b), 71, 72, 73, and 120 - Defence Service Regulations, 1987, Regulation 448 - Punishment for absence without leave or overstaying leave - Dismissal from service. (Para 1)
Disciplinary history of the appellant - Habitual defaulter - Analysis of past punishments for unauthorized absence - Court noted several instances of indiscipline prior to the present inc...
Consumer Law – Deficiency in Service – Losing the case on merits after the advocate argued the matter cannot be said to be deficiency in service on the part of the advocate – Court held that in every litigation, one party is bound to lose, and such loss does not constitute a deficiency in service by the advocate – Complaints against advocates for losing cases on merits dism...
Suspension of Medical Practitioner's License - Contempt of Court Proceedings - Jurisdiction of Court - Punishment under Contempt of Courts Act, 1971 - Nature of Punishment specified in the Act - Examination of whether suspension of medical practitioner's license is alien to the specified punishments under the Act. (Para 10 and 20)
National Medical Commission Act, 2019 - Governance of Me...
Arbitration – Setting Aside of Arbitral Award – Plea of waiver taken against appellant-State on the ground of not raising objection in Section 34 petition dismissed – Court held Section 34(2A) empowers setting aside of an award if vitiated by patent illegality – Such grounds can be invoked by the Court in an appeal under Section 37 – High Court should have considered ...
Disability Rights – Disciplinary Proceedings – Appeal against disciplinary proceedings initiated due to appellant's mental disability – High Court’s Division Bench set aside the enquiry report and restored the proceedings to evidence stage – Appellant’s mental disability not the sole cause of alleged misconduct, considered indirect discrimination – Sec...
Insolvency Law – Commercial Wisdom of CoC – NCLAT's interference with CoC's decision challenged – CoC approved Ngaitlang Dhar’s resolution plan through transparent and equitable procedure – NCLAT erred in setting aside CoC’s decision – Adjudicating and Appellate Authorities should not interfere with CoC’s commercial decisions except on limite...
Appeal of Pavnesh Kumar against Medical Unfitness Declaration – BSF declared Kumar medically unfit for Sub-Inspector post through LDCE 2018-19 – Challenged in Delhi High Court, which upheld the BSF's decision – Kumar then appealed to Supreme Court. [Paras 1-5]
Medical Fitness for Promotion – Kumar initially declared medically fit as a constable, later declared unfit ...
Service Law – Pay Parity – Daily rated employees not entitled to higher pay scale of Rs. 950-1500 with consequential benefits upon completion of 10 years – Board's adoption of State Government resolutions crucial for applicability – Financial viability and economic capacity significant factors in wage determination – Posts and salary complex matters best left to e...
Professional Misconduct – Disposal of Complaints – Bar Councils directed to decide complaints within one year as mandated under Section 36B of the Advocates Act – Bar Councils have a duty to uphold standards of professional conduct – Complaints not disposed of within a year to be transferred to Bar Council of India – Emphasis on timely and efficient resolution of comp...