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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)

Accused-appellant doing the work of a tailoring – Weapon used is a scissors which is not a normal weapon of offence in case there is any intention to cause death – With the evidence on record and the kind of weapon used, the offence will not fall within Section 307 IPC – 326 IPC made out – Already undergone

SUPREME COURT OF INDIA DIVISION BENCH PANCHRAM — Appellant Vs. THE STATE OF CHHATTISGARH AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal…

SARFESAI Act, 2002 – Section 13(2) – If someone has been called upon to participate in the bidding process, the facts must be made clear to the parties for the reason that there is always a high variance between market realizable value and the distress value of the mortgaged property when put to public auction under the provisions of the Act, 2002.

SUPREME COURT OF INDIA DIVISION BENCH MOHD. SHARIQ — Appellant Vs. PUNJAB NATIONAL BANK AND OTHERS — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. ) Civil…

RSS Route Marches in the State of Tamil Nadu – Permission to RSS (Rashtriya Swayamsevak Sangh) is granted – Special Leave Petition against the order of the Division Bench of Madras High Court directing the State Police to grant permission to RSS (Rashtriya Swayamsevak Sangh) is dismissed.

SUPREME COURT OF INDIA DIVISION BENCH K. PHANINDRA REDDY, I.A.S. AND OTHERS — Appellant Vs. G. SUBRAMANIAN — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Special…

Lapse of acquisition proceedings – Impugned judgments and orders passed by the High Court declaring that the acquisition with respect to the lands in question are deemed to have lapsed under section 24(2) of the Act, 2013 are hereby quashed and set aside – Matter remanded

SUPREME COURT OF INDIA DIVISION BENCH HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (HSIIDC) & OTHERS — Appellant Vs. M/S HONEYWELL INTERNATIONAL (INDIA) PVT. LTD. — Respondent ( Before…

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – In case possession has been taken, compensation has not been paid then there is no lapse – Similarly, if compensation has been paid, possession has not been taken then there is no lapse.

SUPREME COURT OF INDIA DIVISION BENCH LAND AND BUIILDING DEPARTMENT THROUGH SECRETARY AND ANOTHER — Appellant Vs. ATTRO DEVI AND OTHERS — Respondent ( Before : Abhay S. Oka and…

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