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Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports Arbitration and Conciliation Act, 1996 — Section 29A — Mandate of Arbitrator — Extension of mandate — In the absence of specific statutory provisions, party autonomy and minimal judicial intervention are guiding principles — If a party participates in proceedings and does not object to the extension of mandate, they may be estopped from challenging the award on that ground after it is passed. Arbitration and Conciliation Act, 1996 (the Act) — Section 33 and Section 34(3) — Limitation for filing application to set aside arbitral award — Exclusion of time spent in disposal of applications under Section 33 — Court held that period spent in disposal of Section 33 applications by Arbitral Tribunal must be excluded for computing limitation under Section 34(3) of the Act, regardless of whether the Section 33 applications were ultimately allowed or dismissed. Constitution of India, 1950 — Article 14, 15(1), 16, 39(a) & 39(c) — Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (2016 Order) — Clause 2(p) — Government Order (G.O.) No — 6 of 2019 — Paragraph IV(10) — Exclusion of married daughter from definition of ‘family’ for compassionate appointment as fair price shop dealer — Held, exclusion is based on gender stereotypes and lacks rational nexus with the object of the scheme, violating Articles 14 and 15(1) of the Constitution — Marital status cannot be the sole criterion for dependency — Dependency is a question of fact. Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 37 — Grant of bail — Twin conditions under Section 37(1)(b)(ii) must be considered — High Court ignored twin conditions while granting bail in a case involving commercial quantity of narcotics — Impugned order granting bail cannot be sustained.

Rules 4 and 5 of Rules, 1994 as well as Rule 2(b) of Rules, 2007 does in no manner disobey the mandate of Article 243S(4), both can be complied with without any conflict between the two different provisions – Provisions of Section 5(3)(iii) (a) as well as Rules 4 and 5 of Rules, 1994 and Rule 2(b) of Rules, 2007 are not inconsistent with provisions of Article 243S.

SUPREME COURT OF INDIA FULL BENCH PARMAR SAMANTSINH UMEDSINH — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah,…

Admission to MBBS course in all medical educational institutions on the basis of merit list of NEET – All admissions to medical colleges shall be made only as per the centralized counselling done by the State Governments – All admissions to medical colleges shall be made only as per the centralized counselling done by the State Governments

SUPREME COURT OF INDIA DIVISION BENCH SARASWATI EDUCATIONAL CHARITABLE TRUST AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and S.…

Medical – Establishment of Medical College – Essentiality Certificate – State Government has power to withdraw the Essentiality Certificate where it is obtained by playing fraud on it or where the very substratum on which the EC was granted vanishes or any other reason of like nature.

SUPREME COURT OF INDIA FULL BENCH V.N. PUBLIC HEALTH AND EDUCATIONAL TRUST ETC — Appellant Vs. STATE OF KERALA AND OTHERS ETC — Respondent ( Before : A.M. Khanwilkar, B.R.…

Murder of wife at the advanced stage of pregnancy – Of late, Courts have, from the falsity of the defence plea and false answers given to Court, when questioned, found the missing links to be supplied by such answers for completing the chain of incriminating circumstances necessary to connect the person concerned with the crime committed – Accused-husband rightly convicted.

SUPREME COURT OF INDIA DIVISION BENCH R. DAMODARAN — Appellant Vs. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE — Respondent ( Before : Ashok Bhushan and Ajay Rastogi, JJ.…

Service Matters

Constitution of India, 1950 – Art 14, 16 & 21 – Pension Scheme – Retired employees – Whenever such new benefit is extended for the existing employees, retired employees cannot seek such benefit, merely on the ground that they too were the former employees of the Corporation.

SUPREME COURT OF INDIA FULL BENCH HIMACHAL ROAD TRANSPORT CORPORATION AND ANOTHER — Appellant Vs. HIMACHAL ROAD TRANSPORT CORPORATION RETIRED EMPLOYEES UNION — Respondent ( Before : Ashok Bhushan, R.…

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