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Service Law — Recruitment and Appointment — Suppression of Criminal Antecedents — Candor and Integrity — Application forms (Attestation and Verification Forms) required disclosure of pending criminal cases — Applicant answered in the negative despite two criminal cases pending against him (Case Crime Nos. 198/2019 and 215/2018) — Non-disclosure was repeated (in both forms) and therefore held to reflect deliberate concealment/mal-intent, striking at the core of trust required for public service — Suppression was a violation of clear stipulations/disclaimers in the forms making concealment a disqualification/render applicant unfit for government service — Subsequent voluntary disclosure (via affidavit) or later acquittal/dropping of proceedings do not nullify the fact that candidate provided incorrect and false information at the time of filling the forms — High Court erred in overlooking the repeated concealment and calling the undisclosed information ‘of trivial nature’ — Cancellation of appointment upheld. (Paras 3, 6, 8, 9) Consumer Protection Act, 2019 — Section 71 — Execution of Order — Judgment Debtor Company — Liability of Directors/Promoters — Execution must strictly conform to the decree; it cannot be employed to shift or enlarge liability to bind persons who were neither parties to the decree nor otherwise legally liable thereunder — Where consumer complaints were consciously proceeded against the Company alone (Corporate Debtor), and directors/promoters were dropped as parties during admission/pre-adjudication stage (order unchallenged), the final order binds the Company exclusively, not the directors/promoters. (Paras 9, 10, 11, 12, 15, 23) Civil Procedure Code, 1908 (CPC) — Order 21 Rules 97 to 102 — Resistance and Obstruction to Execution of Decree for Possession — Adjudication of rights of obstructionists — Where transferees pendente lite obstruct execution of a decree for possession, the Executing Court must adjudicate the claim; if the obstructionist is found to be a transferee pendente lite, the scope of adjudication is limited to this fact, and such a transferee has no right to resist execution of the decree — The remedy for removal of obstruction is by application under Order 21 Rule 97 by the decree holder, followed by adjudication under Rule 98-101 (Maharashtra Amendment) which bars a separate suit. (Paras 53, 54, 55, 59, 65) Administrative Law — Competence of authorities — State Governments lack legislative competence to prescribe additional experience as an essential qualification for Drug Inspectors when the Central Government has already occupied the field. Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) — Section 12 — Constitutional Mandate — Free and Compulsory Education — Admission of children from weaker and disadvantaged sections — Obligation of “neighbourhood school” to admit twenty-five percent of class strength from weaker and disadvantaged sections (Section 12(1)(c)) is transformative, securing the preambular objective of ‘equality of status’ and the constitutional right under Article 21A, requiring effective implementation. (Para 1)

Service Law — Recruitment and Appointment — Suppression of Criminal Antecedents — Candor and Integrity — Application forms (Attestation and Verification Forms) required disclosure of pending criminal cases — Applicant answered in the negative despite two criminal cases pending against him (Case Crime Nos. 198/2019 and 215/2018) — Non-disclosure was repeated (in both forms) and therefore held to reflect deliberate concealment/mal-intent, striking at the core of trust required for public service — Suppression was a violation of clear stipulations/disclaimers in the forms making concealment a disqualification/render applicant unfit for government service — Subsequent voluntary disclosure (via affidavit) or later acquittal/dropping of proceedings do not nullify the fact that candidate provided incorrect and false information at the time of filling the forms — High Court erred in overlooking the repeated concealment and calling the undisclosed information ‘of trivial nature’ — Cancellation of appointment upheld. (Paras 3, 6, 8, 9)

Consumer Protection Act, 2019 — Section 71 — Execution of Order — Judgment Debtor Company — Liability of Directors/Promoters — Execution must strictly conform to the decree; it cannot be employed to shift or enlarge liability to bind persons who were neither parties to the decree nor otherwise legally liable thereunder — Where consumer complaints were consciously proceeded against the Company alone (Corporate Debtor), and directors/promoters were dropped as parties during admission/pre-adjudication stage (order unchallenged), the final order binds the Company exclusively, not the directors/promoters. (Paras 9, 10, 11, 12, 15, 23)

There is absolutely no warrant for the High Court to direct that the investigation of a person who has been interrogated as a suspect in the conspiracy should be in the printed or written form – or questionnaire may also be handed over to the respondent – Appeal allowed anticipatory bail rejected

SUPREME COURT OF INDIA DIVISION BENCH SUNEETHA NARREDDY — Appellant Vs. Y S AVINASH REDDY AN ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI. and Pamidighantam Sri…

Income Tax Act, 1961 – Sections 143(1)(a) and 143(3) – Jurisdiction of AO to assess or reassess the ‘total income’ – Once during search undisclosed income is found on unearthing the incriminating material during the search, the AO would assume jurisdiction to assess or reassess the total income even in case of completed/unabated assessments.

SUPREME COURT OF INDIA DIVISION BENCH PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-3 — Appellant Vs. ABHISAR BUILDWELL P. LTD. — Respondent ( Before : M.R. Shah and Sudhanshu Dhulia, JJ.…

(CrPC) – Section 482 – Penal Code, 1860 (IPC) – Section 147, 148, 149, 452, 324, 307, 342 and 506 – Quashing of FIR – the irresistible conclusion to be drawn by this court is to accept the report of the jurisdictional police where under they have arrived at a conclusion that incident projected by the complainant appears to be false, and thereby the proceedings against the appellant deserves to be quashed – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH RITU TOMAR — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and Aravind Kumar, JJ. ) Criminal Appeal…

(IPC) – Sections 302, 397 and 450 – Murder – Conviction and sentence – identification of the accused by the witnesses present but also their apprehension and arrest, apart from seizure of the stolen gold ornaments and cash from their possession, it is amply clear that there was no time or possibility for the police to hoist a false case upon them

SUPREME COURT OF INDIA DIVISION BENCH DAKKATA BALARAM REDDY AND ANOTHER — Appellant Vs. STATE OF ANDHRA PRADESH AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar,…

(IPC) – Sections 302, 364A, 201, read with Section 120B – Kidnapping for ransom and murder – In view of the totality of the facts and circumstances, and for the reasons, this court is of the opinion that it would be appropriate to modify the sentence awarded to both appellants to a minimum term of 20 years actual imprisonment – Appeals partly allowed.

SUPREME COURT OF INDIA DIVISION BENCH VIKAS CHAUDHARY — Appellant Vs. THE STATE OF DELHI — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat, JJ. ) Criminal Appeal…

Rajasthan Industrial Areas Allotment Rules, 1959 – Rules 11A and 12 – Allotment of industrial land – There has been an uninterrupted and subsisting relationship of lessor and lessee between the State Government and either J.K. Synthetics Ltd. (JKSL) or Respondent No. 1, in the context of LIA, Kota. From the first lease deed executed in 1967, till date, the State Government has maintained the position of lessor

SUPREME COURT OF INDIA DIVISION BENCH BISHAMBHAR PRASAD — Appellant Vs. M/S ARFAT PETROCHEMICALS PVT. LTD. AND OTHERS — Respondent ( Before : Surya Kant and Vikram Nath, JJ. )…

Brutal rape and murder of a 14 year old girl – Rights of the victim and his family members are also to be considered – Sentence of life imprisonment for the whole of the biological life of the accused, without any benefit of remission deserves to be modified to the fixed term sentence for a period of 30 years without any benefit of remission so that prime period of his life is spent in jail – Appeal disposed of.

SUPREME COURT OF INDIA DIVISION BENCH KASHI NATH SINGH @ KALLU SINGH — Appellant Vs. THE STATE OF JHARKHAND — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Prevention of Money-laundering Act, 2002 – Section 3, 45 and 46 – Bail – Complaint filed by the E D gives a valid argument that the second condition found in Clause (ii) of sub-section (1) of Section 45 of PMLA is satisfied qua the appellant – Apprehension of the Enforcement Directorate that the appellant is a flight-risk and may go out of the country if released on bail, has to be taken care of by imposing appropriate conditions – Bail granted – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH SANJAY RAGHUNATH AGARWAL — Appellant @ HASH THE DIRECTORATE OF ENFORCEMENT — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal…

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