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Right to Education Act, 2009 — Section 12 — Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 — Rule 8 — Neighbourhood School Obligation — A neighbourhood school has a constitutional and statutory duty to admit students forwarded by the State Government without delay, as mandated by Article 21A of the Constitution and relevant provisions of the RTE Act and UP RTE Rules — The school cannot question the eligibility of a student once the government has completed the admission process and forwarded the list. Insolvency and Bankruptcy Code, 2016 — Section 5(8) — Financial Debt — Corporate Guarantees — A liability arising from corporate guarantee for money borrowed against interest qualifies as financial debt — The execution of corporate guarantees, even if challenged on grounds of timing or non-disclosure, are considered valid and enforceable if their execution is admitted or demonstrably proven, making the appellants entitled to recognition as financial creditors. Civil Services — Tenure Curtailment — Not Punitive Unless Stigmatic — Curtailment of tenure and reversion to a lower post is not punitive or stigmatic merely because it is premature or based on unsatisfactory performance reports, as long as the order itself does not impute misconduct or stigma beyond unsuitability for the role. Insolvency and Bankruptcy Code, 2016 (IBC) — Section 7 — Application under — Limitation period — Calculation — Default date — Right to file application under Section 7 of IBC accrues on the date of default, which is when the corporate debtor first fails to discharge its repayment obligations — Limitation begins to run from the date of classification of the account as Non — Performing Asset (NPA) — Application filed beyond the prescribed period of limitation, even after considering extensions due to CIRP and Covid — 19 pandemic, is barred by limitation — NCLT and NCLAT orders admitting the application are quashed and set aside. Service Law — Regularisation of Service — Daily Wage Employees — The Supreme Court held that a scheme formulated by the respondents, which contemplated engagement on a temporary basis, was at variance with the Tribunal’s directions for engagement on a permanent footing — The Court set aside the scheme and directed the regularisation of services for the appellants with permanent status.

Property Law – Whether the appellant, who purchased a plot of land through a registered sale deed in 1966, is entitled to possession of the land or whether the respondents, who claim to have been in possession since 1944, have acquired title through adverse possession – The Supreme Court allowed the appeal, set aside the judgment of the High Court, and restored the decree of the First Appellate Court in favor of the plaintiff appellant – The Court held that the plaintiff appellant was the rightful owner of the land and that the defendant respondents’ possession was not adverse.

SUPREME COURT OF INDIA DIVISION BENCH BRIJ NARAYAN SHUKLA (D) THR. LRS. — Appellant Vs. SUDESH KUMAR ALIAS SURESH KUMAR (D) THR. LRS. AND OTHERS — Respondent ( Before :…

Unlawful Activities (Prevention) Act, 1967 – – Default Bail – High Court also fell in error in not taking into consideration the reasons given under section 43D(2) (b) were clearly made out and explained in the extension letter dated 07.11.2020 giving the details of the progress of the investigation as also the reasons for detaining the respondent. The Public Prosecutor had mentioned in the request that major investigation of the case had been completed and the draft chargesheet had been prepared. However, for want of remaining sanctions and FSL report some more time was required for completing the investigation. – Bail declined

SUPREME COURT OF INDIA DIVISION BENCH STATE OF NCT OF DELHI — Appellant Vs. RAJ KUMAR @ LOVEPREET @LOVELY — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ…

Consumer Law – Policy – Supreme Court held that the date of issuance of the policy would be the relevant date for all the purposes and not the date of proposal or the date of issuance of the receipt – The appeals were accordingly allowed and the orders passed by the National Consumer Disputes Redressal Commission were set aside.

SUPREME COURT OF INDIA DIVISION BENCH RELIANCE LIFE INSURANCE COMPANY LTD. AND ANOTHER — Appellant Vs. JAYA WADHWANI — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. )…

Evidence Act – Sections 40-43 – Once information is given by an accused, the same information cannot be used, even if voluntarily made by a co-accused who is in custody. Section 27 of the Evidence Act does apply to joint disclosures, but this is not one such case.[14] This was precisely the reason given by the trial court to acquit the co-accused. Even if Section 8 of the Evidence Act is to apply, it would not have been possible to convict the co-accused.

SUPREME COURT OF INDIA DIVISION BENCH PERUMAL RAJA @ PERUMAL — Appellant Vs. STATE, REP. BY INSPECTOR OF POLICE — Respondent ( Before : Sanjiv Khanna and S. V. N.…

Succession Act, 1956 – Section 63 – Evidence Act, 1872 – Section 68 – Property Dispute – The plaintiffs claimed that the property belonged to them through an oral partition among the sons of the original owner and was bequeathed to them by ‘A’ through a will – Supreme Court upheld the judgments of the Trial Court and the First Appellate Court, finding that the plaintiffs failed to provide sufficient evidence to prove the oral partition and the will.

SUPREME COURT OF INDIA DIVISION BENCH RAJENDHIRAN — Appellant Vs. MUTHAIAMMAL @ MUTHAYEE AND OTHERS — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Civil Appeal No.…

Set-off is not permitted under the Insolvency and Bankruptcy Code (IBC) -NCLAT reasoned that the debts between Airtel and Aircel arose from separate transactions and were not connected in a way that would justify set-off – The NCLAT ultimately rejected Airtel’s claim for set-off, finding that it was not permitted under the IBC in the context of Aircel’s corporate insolvency resolution proceedings. This decision reflects the importance of protecting the fairness and efficiency of the insolvency resolution process under the IBC.

SUPREME COURT OF INDIA DIVISION BENCH BHARTI AIRTEL LIMITED AND ANOTHER — Appellant Vs. VIJAYKUMAR V. IYER AND OTHERS — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti, JJ.…

The NCLAT upheld the CoC’s decision to distribute the proceeds on a pro-rata basis and dismissed the appellant’s appeal – Overall, the NCLAT’s decision balanced the interests of the dissenting financial creditor (DBS Bank) with the need for a fair and equitable distribution of proceeds under the resolution plan.

SUPREME COURT OF INDIA DIVISION BENCH DBS BANK LIMITED SINGAPORE — Appellant Vs. RUCHI SOYA INDUSTRIES LIMITED AND ANOTHER — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti, JJ.…

Service Matters

The state argued the forgery was serious misconduct and made appointments illegal – The Supreme Court allowed the appeals and ruled that the appellants were entitled to continue in their service – The court found no evidence of wrongdoing by the Appellants and directed the State to pay the appellants’ salaries with arrears and continue their service.

SUPREME COURT OF INDIA DIVISION BENCH RADHEY SHYAM YADAV AND ANOTHER ETC — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan,…

Land Dispute – Declaration of title and possession over a property -The doctrine of merger applied, meaning lower courts’ judgments merged with the High Court’s judgment. The respondents’ argument that the High Court committed a bona fide error was rejected, and the Supreme Court allowed the appeal and set aside the High Court’s judgment in the second round. The First Appellate Court’s judgment was restored.

SUPREME COURT OF INDIA DIVISION BENCH MARY PUSHPAM — Appellant Vs. TELVI CURUSUMARY AND OTHERS — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Civil Appeal No.…

The court found the prosecution’s guilt beyond a reasonable doubt for kidnapping, attempted murder, and robbery, but had doubts about the evidence’s sufficiency to prove the intention of demanding ransom. The court acquitted the appellants of the charge under Section 364A of the IPC while upholding their convictions for other offences.

SUPREME COURT OF INDIA DIVISION BENCH NEERAJ SHARMA AND OTHERS — Appellant Vs. STATE OF CHHATTISGARH AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and Satish Chandra Sharma, JJ.…

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