Judicial Service – Disciplinary Proceedings – Petition challenging the compulsory retirement of Additional District and Sessions Judge due to heavy unexplained bank transactions – Full Court's recommendation and Governor's order of compulsory retirement upheld – Supreme Court finds Full Court's view justified given the substantial transactions and lack of docume...
Promotion Criteria – Rule 13.14(2) of Punjab Police Rules 1934 – Eligibility criteria for promotion to Inspector – Rule 13.14(2) prescribes eight years' approved service for promotion to selection grade of Sub-Inspector, with at least five years in the rank of Sub-Inspector – High Court upheld requirement as neither arbitrary nor discriminatory – Government order ...
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...
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...
Constitutional Law – Right to Privacy – Whether the right to privacy is absolute - Apex Court has held that the right to privacy, as enshrined under Article 21 of the Constitution of India, is not an absolute right and is subject to reasonable restrictions when legitimate public interest is involved - K.S. Puttuswamy v. Union of India, (2017) 10 SCC 1, followed.
Hindu Marr...
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...
Arbitration – Appointment of Arbitrator – Respondent invoked arbitration under Clause 12.3 of the Power Purchase Agreement (PPA) with Madhya Pradesh Electricity Board – Dispute over whether Section 11(6) of the Arbitration and Conciliation Act, 1996, or Section 86(1)(f) of the Electricity Act, 2003, applies – High Court appointed an arbitrator under Section 11(6) – He...