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 Section 5(5A) clarified to include corporate persons liable for debts due to guarantees provided for loans of non-corporate borrowers [Paras 1-28].

Limitation and Acknowledgment of Debt – Fresh period of limitation – Application under Section 7 filed after three years from the date of default (NPA) is not barred by limitation if there is an acknowledgment of debt within the prescribed period – Section 18 of the Limitation Act applies to the proceedings under the Insolvency and Bankruptcy Code, allowing fresh period of limitation from the date of acknowledgment of debt by the principal borrower or the guarantor [Paras 29-42].

Decision – Appeal dismissed – Application under Section 7 of the Code against the corporate debtor is maintainable – Fresh period of limitation computed from the date of acknowledgment of debt – Application filed on 13.02.2019 is within limitation [Para 43].

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Repeal and Savings – Application of Repealed Rules – 1982 Rules repealed 1972 Rules and did not continue the benefit of military service for seniority – Saving clause in Rule 9(3) does not extend benefit as no right had accrued before joining the service – Seniority to be governed by rules in force at the time of appointment [Paras 9-23].

Reservation of Vacancies – Reservation Quota – Previous judgment (Ishwar Singh vs. State of Punjab) held twenty percent reservation for vacancies prior to 1982 – Does not affect determination of seniority governed by 1982 Rules – Seniority determined based on entry into service [Paras 12-16].

Decision – Appeals dismissed – No benefit of military service for seniority under 1982 Rules – Seniority governed by rules applicable at time of appointment [Para 24].

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 arrangement requires political parties to submit detailed particulars of donors to the Election Commission in sealed covers – No justification for stay as the Scheme has been operational since 2018 with interim safeguards in place [Paras 1-28].

Non-Tradability and Eligibility – Bonds not tradable – Only Indian citizens or entities incorporated in India can purchase – Scheme prevents use of black money through stringent banking and KYC norms – Apprehensions about misuse by foreign entities and black money transactions are unfounded [Paras 26-27].

Decision – Applications for stay dismissed – No new interim reliefs granted – Scheme to continue with existing safeguards as per interim order dated 12.04.2019 [Para 28].

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 dismissal of the Section 7 petition – Supreme Court held that if an application under Section 7 is not admitted and default is not established, the dispute can be referred to arbitration – Proceedings under IBC become non-arbitrable only after admission of the petition and commencement of CIRP [Paras 1-38].

Default and Debt – Determination of Default – NCLT’s role in assessing whether default has occurred – Supreme Court emphasized that Adjudicating Authority must evaluate evidence to determine default before admitting a Section 7 petition – Mere existence of debt does not imply default – In the present case, NCLT correctly found no default due to ongoing negotiations and dispute over conversion formula for shares [Paras 19-30].

Arbitral Tribunal – Constitution of Arbitral Tribunal – Indus Biotech’s request for a single arbitral tribunal to resolve disputes under multiple agreements – Supreme Court appointed a tribunal with Justice V.N. Khare and Justice R.M. Lodha as arbitrators, who would then select the third arbitrator – Tribunal to handle international and domestic disputes separately but with the same members [Paras 36-37].

Decision – Appeal dismissed – Arbitration Petition allowed – Proceedings under Section 7 of IBC not admitted – Matter referred to arbitration with appointed tribunal [Para 38].

Criminal Law – Murder and Common Object – Appellants convicted for murder with common object – High Court reversed trial court’s acquittal – Supreme Court upheld the conviction, affirming that the assault was intentional and all accused shared a common object – Minor contradictions in witness testimonies deemed insufficient to discredit overall reliability – Application of Sections 302/149 IPC appropriate [Paras 1-12].

Appeal in Case of Acquittal – Scope and Interference – High Court justified in interfering with trial court’s acquittal under Section 378 CrPC – Trial court’s view not possible given the evidence – Supreme Court emphasizes that appellate courts can overturn acquittal if trial court findings are perverse or contrary to evidence [Paras 7-11].

Witness Testimony – Reliability – Witnesses closely related to deceased but their testimonies found consistent and credible – Supreme Court criticizes trial court’s dismissal of testimonies based on minor discrepancies and relationship to the deceased – High Court’s reappreciation of evidence upheld [Paras 6, 9-11].

Decision – Appeal Dismissed – Conviction and sentence of life imprisonment for the appellants affirmed – Common object and intentional assault leading to death established beyond reasonable doubt [Para 12].

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 for resolving disputes – High Court's order for deposit of 80% of debt due into Escrow Account affirmed – Remaining disputes to be resolved through arbitration [Paras 1-28].

Jurisdiction – Article 226 – High Court's intervention justified to prevent disruption of essential metro services – Supreme Court emphasized arbitration as primary forum for dispute resolution under Concession Agreements – High Court directed to supervise interim arrangements and facilitate arbitration process [Paras 30-36].

Debt Due – Compliance with Concession Agreement – Auditors to determine debt due as per Concession Agreements – CAG report on debt due considered valid and binding – Deposit of 80% of debt due into Escrow Account mandated within three months – Remaining claims to be addressed in arbitration [Paras 37-42].

Decision – Appeals dismissed – Directions for deposit of 80% of debt due into Escrow Account upheld – Parties granted liberty to pursue arbitration for resolving residual disputes – Interim measures by High Court to continue till arbitration outcomes [Para 43].

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 consistent with statutory rules [Paras 1-33].

Eligibility Criteria – Direct Recruitment – No automatic recruitment for ANM post – Selection based on batch-wise seniority and qualifications as per rules – Requirement of intermediate in science stream for recruitment found reasonable and necessary – State's competence to prescribe additional qualifications for employment within its jurisdiction upheld [Paras 1-33].

Statutory Interpretation – Adaptation and Application of Laws – Laws in force in erstwhile state of UP continued in Uttarakhand post-reorganization – Adaptation under Section 87 of the U.P. Reorganization Act ensures continuity of existing rules – Omission to mention rules in adaptation order does not create a legal vacuum – Rules prescribing educational qualifications for ANM recruitment not repugnant to provisions of the Indian Nursing Council Act, 1947 [Paras 26-31].

Decision – Appeals dismissed – Requirement of intermediate in science for ANM recruitment upheld – Advertisement's omission of this criterion does not invalidate the statutory rule – Batch-wise seniority in selection does not override the need to meet prescribed qualifications [Para 33].

Free Speech – Criminal Charges for Facebook Post – FIR quashed – Appellant's Facebook post criticized the lack of action by the Meghalaya government and police against culprits who attacked non-tribal youths – Supreme Court held that the post did not promote enmity or hatred between communities – No intention to incite violence or disrupt public order – Free speech cannot be stifled by criminal charges without such tendencies – FIR quashed [Paras 1-16].

Section 153A IPC – Promotion of Enmity – Essential ingredients – The intention to promote enmity or hatred is necessary – The post must be read in entirety – Appellant's post was a plea for equality and justice, not incitement – Basic ingredients of Section 153A IPC not met [Paras 9-13].

Public Order – Freedom of Speech – Public discourse – Criticism of government inaction is a legitimate exercise of free speech – Voicing discontent against authorities’ inaction does not amount to hate speech – Calls for justice and protection of rights are protected under Article 19(1)(a) of the Constitution [Paras 14-15].

Decision – Appeal allowed – High Court judgment set aside – FIR quashed – No offence made out under Sections 153A and 505(1)(c) IPC [Para 16].

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 – Contract employees granted the opportunity to compete with general candidates with some advantage [Paras 1-16].

Eligibility Criteria – Public Advertisement – Age relaxation and benefit of additional marks for service duration – University to provide a fair opportunity for contract employees to compete in the selection process – Public advertisement must include specific mention of these benefits to inform all candidates [Paras 12-14].

Recruitment Process – Compliance with Umadevi Principles – Regular appointments must follow the established recruitment rules – Separate and exclusive tests for contract employees not permissible – Recruitment process must be open to all eligible candidates with contract employees given certain advantages [Paras 11-14].

Decision – Appeals disposed of – Directions for University to include age relaxation and additional marks for contract employees in the recruitment process – Contract employees to be given another chance in future selections if unsuccessful [Para 17].