Employment Eligibility – Suppression of material fact regarding involvement in a criminal case – Respondent’s selection as Grade-II Constable – Inquiry revealed his involvement in a criminal case, followed by acquittal – Respondent failed to disclose this information during verification. [Para 5-7]

Verification Roll – Column 15 inquiry about any past or present involvement in a criminal case – Respondent answered ‘NO’ despite prior involvement and subsequent acquittal – Misleading information amounting to suppression of facts. [Para 11-12]

Employment Eligibility vs. Suppression of Information – Legal position summarized – Candidate must provide truthful information about convictions, acquittals, arrests, or pending criminal cases – Employer retains the right to consider antecedents even with truthful declaration – In this case, non-disclosure of involvement and subsequent acquittal raises doubts about character and antecedents, justifying disqualification. [Para 14-16]

Decision – Division Bench’s decision in writ appeal set aside – Writ court’s judgment restored – Respondent’s writ petition dismissed – No costs awarded. [Para 17-18]

Criminal Appeal – Quashing of FIR – Alleged theft, house trespass, and criminal intimidation – FIR registered under sections 457, 380, and 506 of the IPC – High Court quashed the FIR – Appeal allowed, High Court judgment set aside, and the matter ordered to proceed in accordance with the law. [Para 16-17]

Partnership Dispute – Dispute between family members regarding a partnership – Injunction granted to preserve the assets and belongings of the firm – Surrender of possession by one partner – Alleged theft of assets from the jointly held property – Prima facie case of theft and house trespass made out – Cognizable offenses – FIR not liable to be quashed. [Para 6-15]

Legal Proceedings – Arbitration and Conciliation Act – Orders passed under section 9 of the Act – Obligation to preserve property – Failure to inform the other party about court orders – Possible participation in the crime – Defense against the allegations not considered in this order. [Para 16]

Civil Appeal - Landlord-Tenant Dispute - Termination of tenancy - Discrepancy in notice for termination of tenancy - Extent of land to be resumed to the landlord - Question of whether the landlord's holding exceeds one economic holding and the nature of the landlord's livelihood - Remand order by High Court - Special leave granted. [Para 1-17]

Land Tenancy Dispute – Interpretation of statutory provisions regarding the termination of land leases – Examination of relevant provisions and notifications under the Tenancy Act, 1948 – Special focus on Section 43A – Amended notification dated 08/10/1969 – Conditions governing leases for cultivation of sugarcane – Determination of economic holdings – Applicability of Section 33B(5)(b) in cases of joint tenancies – Calculation of land to be restored to the landlord – Final decision on land entitlement. [Para 18-30]

Land Tenancy Dispute – Application of Section 33B(5)(b) – Interpretation of the phrase "holding thereafter in the total an equal area for personal cultivation" – Notional division of leased land in cases of joint tenants – Illustration of how land entitlement is calculated under Section 33B(5)(b). [Para 26-28]

Land Tenancy Dispute – Remand order – Examination of the High Court's remand decision – Clarification of the crucial date for determining the landlord's bona fide requirement – Emphasis on events occurring after the date of the eviction application having no bearing on the determination of bona fides – Critique of the High Court's remand order. [Para 29-30]

Sexual Harassment at Workplace – Implementation of the POSH Act and Rules – Writ petition seeking directions to implement the provisions of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 – Detailed claims made by the petitioner organization – In-depth consideration of the lacunae in the implementation of the Act – Specific focus on setting up Nodal Cells and Local Committees – Emphasis on District Officers' pivotal role in the Act's implementation – Lack of uniformity in state governments' implementation efforts – Need for notification of District Officers, appointment of nodal officers, and proper constitution of Local Committees – Necessity for training and sensitizing these officials on their roles and obligations. [Para 1-13]

Labor Law - Sexual Harassment - Implementation of the POSH Act and Rules - Issues regarding the operationalization of the Act for the unorganized sector - Definitions of 'employee,' 'employer,' and 'workplace' expand the scope of the Act - Inclusion of definitions for 'domestic worker' and 'unorganized sector' - Importance of LC (Local Committee) in the redressal framework for the unorganized sector - LCs headed by eminent women in social work - Nominees from NGOs helpful for approachability - Limitation in disbursal of funds by Union Government to States - Budget setting for Act's implementation crucial at district and state levels - Operationalizing LCs key to making remedies accessible to the unorganized sector. [Para 14-17]

Directions to Ensure Effective Implementation of the POSH Act:

A. Coordination between Union Government and State/UT Governments:

   i. Appointment of 'nodal person' within State/UT Women and Child Development Ministry for coordination.

   ii. States/UTs to submit compliance reports within 8 weeks, Union Government to consolidate and remedy lapses within 12 weeks.

B. Appointment of Public Authorities:

   iii. Appointment of district officers within 4 weeks.

   iv. District officers to appoint nodal officers and constitute LCs.

   v. Publication of contact details of district officers and nodal officers on the department's website within 6 weeks.

C. Amendments and Gaps in Rules:

   vi. Amendment of Rules to operationalize Section 26 of the Act.

   vii. Consideration of amending Rules to identify a 'nodal person' post within the Women and Child Department for uniform implementation.

D. Training and Capacity Building:

   viii. Mandatory training for District Officers, LCs, and nodal officers.

E. Larger Efforts Towards Awareness:

   ix. Allocation of financial resources for awareness material and training programs.

   x. Identification of non-governmental organizations working with women for awareness.

   xi. Spreading awareness about LCs' existence and approachability.

   xii. Utilization of modules prepared by NALSA for sensitization.

F. Annual Compliance Reports:

   xiii. Compliance with Sections 21(1) and 22 by District Officers.

   xiv. Creation of Standard Operating Procedure (SOP) for monitoring implementation and maintaining data by State/UT Governments.

G. Monitoring of ICs and Compliance by Employers:

   xv. Reiteration of directions for the constitution of ICs in public establishments.

   xvi. Directions for hospitals, nursing homes, sports institutes, stadiums, sports complexes, or competition venues to establish ICs.

   xvii. Supplying District Officers with a list of establishments for enforcement.                                                                                                                                                                          

                                                                                                                                      [Para 18-23]

Loan Repayment - Interpretation of loan documents between Infrastructure Leasing and Financial Services Ltd. (IL&FS) and HDFC Bank Ltd. - Dispute over the nature of loan and security - Assignment of receivables as security for loan repayment - Whether the assignment constituted a transfer of title or a security interest - Determination of the legal status of receivables in the Escrow Account. [Para 1-17]

Asset and Security Freeze Order - Issuance of an order by the National Company Law Appellate Tribunal (NCLAT) superseding the existing board of directors of IL&FS - Restriction on legal actions against IL&FS and its group companies - Suspension of actions to recover or enforce security interests - Impact of the freeze order on the dispute between IL&FS and HDFC. [Para 3-5]

Interpretation of Loan Transaction - Arguments presented by IL&FS and HDFC regarding the nature of the loan facility - IL&FS's contention that the loan was secured by the assignment of receivables as security, not a transfer of ownership - HDFC's assertion that it was a Lease Rental Discounting (LRD) loan involving the sale of rent receivables - Examination of relevant clauses in the loan agreements and Facility Agreement. [Para 9-17]

Assignment of Rents – Nature of Transaction - Whether the assignment of rents payable by tenants, lessees, and licensees constitutes an actionable claim - Interpretation of the Transfer of Property Act, 1882 - Determining the true nature of the transaction from the terms of the documents rather than the nomenclature - Application of the rule that contemporaneous documents should be read together to discern the true purport of the contract - Assignment of debts as actionable claims - The effect of assigning rents payable to the creditor - The distinction between assignment and pledge - The validity of the assignment of rents in the context of commercial property ownership and financing - The enforceability of such assignments under the Transfer of Property Act, 1882 - Legal precedent supporting the assignment of debts as actionable claims - Conclusion that the challenge to the National Company Law Appellate Tribunal's (NCLAT) conclusions has no merit and the appeal is dismissed. [Para 18-40]

Land Acquisition Act – Determination of compensation for acquired land – Discrepancy in compensation rates between Reference Court and High Court – Annual increase rate and its cumulativeness to be decided – Various precedents considered – Gap of 11 years between reference year and acquisition year – Just and proper annual increase rate determined at 8% with cumulative effect – High Court’s 15% annual increase rate set aside – Appeals allowed, and the Land Acquisition Collector directed to calculate compensation based on 8% annual increase with cumulative effect. [Para 13-26]

Recovery of Excess Payment – Procedure for recovering any excess amount paid to respondents or making additional payments as per final calculation – Appropriate action to be taken by the Land Acquisition Collector in accordance with the law. [Para 27]

Arbitration – Fee dispute between parties and the impartiality of the tribunal – Chennai Metro Rail Limited (Chennai Metro) awarded a contract to Afcons for a project – Disputes arose during arbitration proceedings – Tribunal unilaterally increased its fee – Chennai Metro raised objections – Tribunal’s insistence on higher fee led to apprehension of bias – Applicability of Section 14 of the Arbitration and Conciliation Act, 1996 – Chennai Metro filed a petition before the Madras High Court under Section 14 – Madras High Court dismissed the petition – Appeal before the Supreme Court. [Para 1-5]

Termination of Arbitrator's Mandate – Conditions for terminating an arbitrator's mandate – De jure or de facto inability to perform functions – Withdrawal from office or agreement by parties – Controversy resolution through court application – Termination of mandate not implying acceptance of validity of grounds – Termination of mandate and substitution of arbitrator. [Para 17]

Arbitration – Arbitrator’s Duty of Disclosure – Duty to disclose matters that could give rise to justifiable doubts about impartiality – Essential corollary of the statutory obligation of impartiality – Disclosure allows parties to consider the circumstances and decide whether to object or mitigate the issue – Legal duty of disclosure in English law encompassed within the statutory duty of fairness and impartiality. [Para 36-37]

Arbitration Act (1996) – Arbitral tribunals to act fairly and impartially – Duty to disclose financial relationship with a party – Duty incumbent on arbitrator to disclose such a relationship to comply with statutory duty of fairness – Disclosure requirement is a component of the arbitrator’s statutory duty – Duty does not override the duty of privacy and confidentiality. [Para 37]

Arbitration Act (Indian) – Amendments introduced to enhance arbitrator's independence and impartiality – Inclusion of Fifth Schedule as a disclosure requirement and eligibility condition – Clear delineation of ineligibility conditions – Section 12(5) establishes absolute ineligibility conditions – Parties can waive ineligibility conditions in writing – Clear statutory route for challenging arbitrators based on justifiable doubts. [Para 38]

Chennai Metro's plea – Attempt to establish de jure ineligibility based on unenumerated grounds – De jure condition not a valid basis for challenging arbitrators mid-stream – Statutory route devised by Parliament should be followed for arbitrator challenges – Exception could lead to uncertainty in arbitration process. [Para 39]

Decision – Chennai Metro's application dismissed – Arbitrators directed to resume proceedings and decide the case in accordance with the law – Impugned order upheld. [Para 40]

Criminal Appeal – Conviction under Section 302 IPC – Circumstantial evidence – Accused accused of killing her newborn child – Appeal against the judgment of the High Court of Chhattisgarh – Questions of privacy and rights of the accused to explain incriminating circumstances under Section 313 of the CrPC addressed – Conviction based on circumstantial evidence. [Para 1-6]

Criminal Appeal – Right to Privacy – Conviction under Section 302 IPC – Importance of due appreciation of evidence in awarding life imprisonment – Court's duty to re-appreciate evidence – Privacy as a fundamental right, particularly in matters concerning women's bodily and psychological integrity – Right to make autonomous decisions about reproduction – Reiteration of the right to choose a partner and decisions regarding pregnancy – Privacy as an essential aspect of human dignity and autonomy – Right to terminate pregnancy within the framework of law deduced from the right to privacy, dignity, and bodily integrity – Principles governing statements under Section 313 Cr.P.C. – The purpose of Section 313 to enable the accused to explain circumstances against them – Principles of natural justice and audi alteram partem – Accused's right to remain silent – Statement not a substantive piece of evidence – Reduction of prosecution's burden of proof – Inculpatory aspects may lend credence to the prosecution's case – Circumstances not put to the accused excluded from consideration – Court's obligation to put all incriminating circumstances to the accused – Non-compliance may cause prejudice to the accused. [Para 7-34]

Criminal Appeal – Conviction based on circumstantial evidence – Heavy burden on prosecution to prove guilt beyond reasonable doubt – Absence of conclusive proof of relationship between the accused and the deceased child – Incomplete and inconsistent evidence – Doctor's statement silent on crucial details – Conviction based on mere presumption – Lack of cogent reasons for life imprisonment – Conviction quashed and set aside – Accused acquitted of all charges – Appeal allowed. [Para 35-47]

Election Petition – Validity of nomination papers – Alleged non-disclosure of spouse’s properties in Form-26 – Appellant elected as a Member of the Legislative Assembly – Respondent challenges her election – High Court declares election void – Appellant appeals to the Supreme Court. [Para 1-5]

Customary Inheritance – Appellant, belonging to the Mishmi tribe, contests the election after the death of her husband – Allegation of non-disclosure of properties owned by the spouse in Form-26 – Customary rights to property of the deceased husband – Dispute over legal heir certificate – Appellant's claim limited to a specific property. [Para 3-16]

Substantial Defect – Whether non-disclosure in Form-26 amounted to a defect of substantial character – Examination of facts and circumstances – Preponderance of probability – Succession rights and claim to properties – Application of precedent – Proper acceptance of nomination. [Para 16-18]

Decision – High Court's judgment declaring the election void set aside – Election petition dismissed – Appeal allowed. [Para 18-19]