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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)

HELD allow the Resolution Plan (RP) preferred by Authum Investment and Infrastructure Limited (AIIL) qua the debenture holders, except the dissenting debenture holders – Direction that the dissenting debenture holders should be provided an option to accept the terms of the RP. Alternatively, the dissenting debenture holders will have a right to stand outside the proposed RP framed

SUPREME COURT OF INDIA DIVISION BENCH AUTHUM INVESTMENT AND INFRASTRUCTURE LIMITED — Appellant Vs. R.K. MOHATTA FAMILY TRUST AND OTHERS — Respondent ( Before : B.R. Gavai and Aravind Kumar,…

Lapse of land acquisition – Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, – When within three years various steps were taken for implementation of the scheme including the steps to acquire the land by negotiations and even thereafter on failure to acquire the land by negotiations approaching the State Government to acquire the land under the Land Acquisition Act, the High Court has erred in declaring that the scheme has lapsed

SUPREME COURT OF INDIA DIVISION BENCH INDORE DEVELOPMENT AUTHORITY — Appellant Vs. BURHANI GRIH NIRMAN SAHAKARI SANSTHA MARYADIT SNEH NAGAR AND OTHERS — Respondent ( Before : M.R. Shah and…

(IPC) – Sections 300 Exception 4 – Culpable homicide is not murder – Four requirements must be satisfied to invoke this exception, viz. (i) it was a sudden fight; (ii) there was no premeditation; (iii) the act was done in a heat of passion; and (iv) the assailant had not taken any undue advantage or acted in a cruel or unusual manner – Appellant was entitled to the benefit of Exception 4 to section 300, IPC.

SUPREME COURT OF INDIA DIVISION BENCH PREMCHAND — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. ) Criminal Appeal No.…

HELD there was no policy existing to govern compassionate appointment to posts under local authorities in the State of West Bengal and hence, in the absence of such a policy, compassionate appointment cannot be granted; second, assuming that there was such a policy, it would be of no redeeming purpose to direct that the applications for appointment on compassionate grounds be considered and decided several years after they were filed.

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF WEST BENGAL — Appellant Vs. DEBABRATA TIWARI AND OTHERS ETC. ETC. — Respondent ( Before : Krishna Murari and B.V. Nagarathna,…

HELD misused/used the solvency certificate dated 07.12.2017 for his own benefit illegally and submitted the same along with his bid and on the basis of the said solvency certificate he got the lease bid. Under the circumstances, the bid by using the solvency certificate dated 07.12.2017 by respondent no.1 was non-est and void ab initio and therefore, the lease in his favour on the basis of such solvency certificate was rightly cancelled by the Collector.

SUPREME COURT OF INDIA DIVISION BENCH DEBIDUTTA MOHANTY — Appellant Vs. RANJAN KUMAR PATTNAIK AND OTHERS — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ. ) Civil…

A person having bachelor’s degree from a recognized University and who is a person of ability, integrity and standing, and having special knowledge and professional experience of not less than 10 years in consumer affairs, law, public affairs, administration, economics, commerce, industry, finance, management, engineering, technology, public health or medicine, shall be treated as qualified for appointment of President and Members of the State Commission

SUPREME COURT OF INDIA DIVISION BENCH THE SECRETARY MINISTRY OF CONSUMER AFFAIRS — Appellant Vs. DR. MAHINDRA BHASKAR LIMAYE AND OTHERS — Respondent ( Before : M. R. Shah and…

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