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Constitution of India, 1950 — Article 21 — Right to Life and Healthy Environment — Environmental Degradation: Pollution of Jojari, Bandi, and Luni Rivers in Rajasthan due to untreated industrial effluents and municipal sewage threatens the lives of 2 million people and the ecosystem — This constitutes a gross dereliction of constitutional duty and a direct constitutional injury — The right to a healthy environment, including pollution-free water and air, is an indispensable facet of the right to life under Article 21, reinforced by Articles 48A and 51A(g) — Judicial intervention is warranted when environmental degradation strikes at the foundation of these guarantees. (Paras 3, 10, 11, 12, 13, 15, 28) Arbitration and Conciliation Act, 1996 — Section 11(6), Section 11(12)(a), Section 2(1)(f), Section 2(2) — Applicability of Part I, including Section 11, to International Commercial Arbitration (ICA) — Dispute arising from a Buyer and Seller Agreement (BSA) where Respondent No. 1 is foreign company (incorporated in Benin) — BSA stipulates arbitration “will take place in Benin” and is governed by laws of Benin — Held: Dispute is an ICA under Section 2(1)(f) — Under Section 2(2), Part I of the Act applies only where the place of arbitration is in India — Designation of Benin as the place of arbitration, coupled with choice of Benin law as governing/curial law, unequivocally establishes Benin as the juridical seat — Indian Courts lack jurisdiction under Section 11 to appoint an arbitrator for a foreign-seated arbitration — Petition seeking appointment of an arbitrator in India is fundamentally misconceived and legally untenable. (Paras 2, 23, 24, 25, 26, 30) Government Contracts and Tenders — Letter of Intent (LoI) — Legal Nature — An LoI is ordinarily a precursor to a contract, indicating intent to enter into a future agreement, but does not itself create a concluded contract or vested, enforceable rights unless the necessary preconditions are satisfied — A bidder’s commercial expectation that a contract will follow an LoI is not a juridical entitlement — If the LoI explicitly stipulates conditions precedent (like compatibility testing, live demonstration, and cost disclosure) before execution of an agreement/final award letter, the LoI remains provisional and conditional until such prerequisites are met. (Paras 12, 14, 15, 16, 17, 18, 19 Insolvency and Bankruptcy Code, 2016 (IBC) — Section 7 — Application by Financial Creditor — Rejection for technical defects — Affidavit Verification — Whether an application under Section 7 of the IBC, verified later than the date of the supporting affidavit, is liable to be rejected at the threshold — Mere filing of a ‘defective’ affidavit (e.g., dated before application verification) does not render the Section 7 application non est and liable to be rejected; such a defect is curable and not fundamental. (Paras 1, 17) Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of criminal proceedings — Scope — Principles for quashing FIR or complaint under Section 482 CrPC, including where allegations, taken at face value, do not constitute any offence, or where the proceeding is manifestly attended with mala fide or maliciously instituted with an ulterior motive (referring to State of Haryana vs. Bhajan Lal) — High Court error in refusing to quash proceedings despite clear absence of ingredients for the alleged offences. (Paras 12, 17, 25, 26, 27)

Constitution of India, 1950 — Article 21 — Right to Life and Healthy Environment — Environmental Degradation: Pollution of Jojari, Bandi, and Luni Rivers in Rajasthan due to untreated industrial effluents and municipal sewage threatens the lives of 2 million people and the ecosystem — This constitutes a gross dereliction of constitutional duty and a direct constitutional injury — The right to a healthy environment, including pollution-free water and air, is an indispensable facet of the right to life under Article 21, reinforced by Articles 48A and 51A(g) — Judicial intervention is warranted when environmental degradation strikes at the foundation of these guarantees. (Paras 3, 10, 11, 12, 13, 15, 28)

Arbitration and Conciliation Act, 1996 — Section 11(6), Section 11(12)(a), Section 2(1)(f), Section 2(2) — Applicability of Part I, including Section 11, to International Commercial Arbitration (ICA) — Dispute arising from a Buyer and Seller Agreement (BSA) where Respondent No. 1 is foreign company (incorporated in Benin) — BSA stipulates arbitration “will take place in Benin” and is governed by laws of Benin — Held: Dispute is an ICA under Section 2(1)(f) — Under Section 2(2), Part I of the Act applies only where the place of arbitration is in India — Designation of Benin as the place of arbitration, coupled with choice of Benin law as governing/curial law, unequivocally establishes Benin as the juridical seat — Indian Courts lack jurisdiction under Section 11 to appoint an arbitrator for a foreign-seated arbitration — Petition seeking appointment of an arbitrator in India is fundamentally misconceived and legally untenable. (Paras 2, 23, 24, 25, 26, 30)

Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 – Section 18 – Arbitration Tribunal has the power to condone the delay in making a reference. If there is no arbitration clause, the dispute arising between the parties to the contract must be referred to the Arbitration Tribunal.

SUPREME COURT OF INDIA DIVISION BENCH BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY AND ORTHERS — Appellant Vs. RAMA KANT SINGH @ RESPONDENT ( Before : Ajay Rastogi and Abhay S. Oka,…

Service Matters

Rajasthan Judicial Services Rules, 2010 HELD The non-communication of the ACRs to the appellant has been proved to be arbitrary and since the respondent choose to hold an enquiry into appellant’s alleged misconduct, the termination of his service is by way of punishment because it puts a stigma on his competence and thus affects his future career. In such a case, the appellant would be entitled to the protection of Article 311(2) of the Constitution.

SUPREME COURT OF INDIA DIVISION BENCH ABHAY JAIN — Appellant Vs. THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Vineet…

Service Matters

HELD the very objectives of holding back pension or the DCRG. One can be to recover the amounts found due from the delinquent employee of any nature whatsoever after appropriate notice and proceedings. The second eventuality is if an employee is dismissed from service. It can hardly be doubted that in the second eventuality of the dismissal from service the employee would lose all retirement benefits.

SUPREME COURT OF INDIA DIVISION BENCH THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT AND OTHERS ETC. — Appellant Vs. K. CHANDRAN ETC. — Respondent ( Before : Sanjay Kishan Kaul and…

“Consequently, insofar as “Extension of time to complete investigation” is concerned, the Magistrate would not be competent to consider the request and the only competent authority to consider such request would be “the Court” as specified in the proviso in Section 43-D(b) of the UAPA. In view of the law laid down by this Court, we accept the plea raised by the appellants and hold them entitled to the relief of default bail as prayed for.”

SUPREME COURT OF INDIA FULL BENCH STATE OF MADHYA PRADESH — Appellant Vs. SADIQUE AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S.Ravindrabhat and Bela M. Trivedi, JJ.…

Service Matters

HELD It is also contrary to the stated objective sought to be achieved by Para 3 of the 1986 OM, which is to “present practice of keeping vacant slots for being filled up by direct recruits of later years, thereby giving them unintended seniority over promotees who are already in position, would be dispensed with. ” The promotions of the PRIs before this court therefore, have to be treated as regular. HC was in error.

SUPREME COURT OF INDIA FULL BENCH B.S. MURTHY AND OTHERS — Appellant Vs. A. RAVINDER SINGH AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and…

Infringement of trade mark and passing off – Held, Though by postponement of the issue with regard to grant of ad­interim injunction, the order might have caused some inconvenience and may be, to some extent, prejudice to the respondent-plaintiff; the same could not be treated as a ‘judgment’ inasmuch as there was no conclusive finding as to whether the respondent­plaintiff was entitled for grant of ad­interim injunction or not

SUPREME COURT OF INDIA DIVISION BENCH SHYAM SEL AND POWER LIMITED AND ANOTHER — Appellant Vs. SHYAM STEEL INDUSTRIES LIMITED — Respondent ( Before : L. Nageswara Rao and B.R.…

Service Matters

Madhya Pradesh Nagar Tatagram Nivesh Adhiniyam, 1973 – Gwalior Development Authority – determining seniority w.e.f. 1994, when first respondent would complete 12 years as Sub Engineer, it is tied up with the issue of the illegality of his promotion in 1987 without completing 12 years. More importantly, even proceeding to discern any merit that seniority should, at least, be governed with reference to the requirement of 12 years, in the facts of this case, in facts of case dismissed

SUPREME COURT OF INDIA DIVISION BENCH GWALIOR DEVELOPMENT AUTHORITY GWALIOR — Appellant Vs. SUBHASH SAXENA AND OTHERS — Respondent ( Before : K.M Joseph and S. Ravindra Bhat, JJ. )…

Service Matters

Delhi Judicial Service Rules 1970 – Rule 14(c) – HELD permit the High Court as a one-time measure to allow those candidates who were within the age cut-off of 45 years during the recruitment years 2020 and 2021 to participate in the ensuing DHJS examinations – the last date for the receipt of applications shall stand extended to 26 March 2022 while the examination shall be held on 3 April 2022, in those terms

SUPREME COURT OF INDIA FULL BENCH HIGH COURT OF DELHI — Appellant Vs. DEVINA SHARMA — Respondent ( Before : Dr Dhananjaya Y Chandrachud, A S Bopanna and Hima Kohli,…

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