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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.

Prevention of Food Adulteration Act, 1954 – Sections 7, 16(1)(a)(i) and 19(2) – Appellant who sold the article of food after purchasing the same from the manufacturer through the invoices which contained the warranty as prescribed under the Act and the Rules – Hence, he had the protection available under Section 19(2)(a) of the Act – Conviction and sentence is set aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH M/S SRI MAHAVIR AGENCY AND ANOTHER — Appellant Vs. THE STATE OF WEST BENGAL AND ANOTHER — Respondent ( Before : Abhay S. Oka…

Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 – Sections 40 and 16(1)(i) – Disqualification – There cannot be a birthright to seek adjournments, especially when the Divisional Commissioner was mandated to decide the issue of disqualification within a period of ninety days from application, as per Section 40(2) of the Act – Divisional Commissioner thus rightly treated the written submissions as his defence – Appeal dismissed.

SUPREME COURT OF INDIA FULL BENCH VIRENDRASING — Appellant Vs. THE ADDITIONAL COMMISSIONER AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Ahsanuddin Amanullah and Aravind Kumar, JJ. )…

HELD on SARFESAI writs to High courts – – When a statute prescribes a particular mode, an attempt to circumvent shall not be encouraged by a writ court. A litigant cannot avoid the noncompliance of approaching the Tribunal which requires the prescription of fees and use the constitutional remedy as an alternative.

SUPREME COURT OF INDIA DIVISION BENCH M/S. SOUTH INDIAN BANK LTD. AND OTHERS — Appellant Vs. NAVEEN MATHEW PHILIP AND ANOTHER ETC. ETC. — Respondent ( Before : Sanjiv Khanna…

(IPC) – S 302 – Evidence Act, 1872 – S 8 r/w S 27 – Murder – that part of the confession which led to the recovery of the dead body of the victim would become admissible, apart from other articles of the deceased recovered at the instance of the accused has been identified by several witnesses independently – – Conviction and sentence upheld.

SUPREME COURT OF INDIA DIVISION BENCH SIJU KURIAN — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Surya Kant and Aravind Kumar, JJ. ) Criminal Appeal No. 64…

(CrPC) – Section 167 – Default bail – 60/90 day remand period under Section 167 CrPC ought to be computed from the date when a Magistrate authorizes remand HELD the very moment the stipulated 60/90 day remand period expires, an indefeasible right to default bail accrues to the accused.

SUPREME COURT OF INDIA FULL BENCH ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIA — Appellant Vs. KAPIL WADHAWAN AND ANOTHER ETC. — Respondent ( Before : K.M. Joseph, Hrishikesh Roy and B.V.…

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