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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.

HELD no factory/classes of factories could be exempted from compliance of the Factories Act, unless an ‘internal disturbance’ causes a grave emergency that threatens the security of the state, so as to constitute a ‘public emergency’ Pandemic is not emergency. Gujarat notification quashed.

  SUPREME COURT OF INDIA FULL BENCH  GUJARAT MAZDOOR SABHA AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Indu Malhotra…

Airfare refund – ticket booked during the lockdown period (from 25th March, 2020 to 24th May, 2020) for travel during lockdown period and the airline received payment for booking of air ticket for travel during lockdown, domestic & international ravel – airline shall refund the full amount without any cancellation charges – Refund within a period of three weeks from the date of cancellation.

  SUPREME COURT OF INDIA FULL BENCH PRAVASI LEGAL CELL AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy…

(IPC) – Sections 302 and 34 – Murder – Common intention – Absence of a positive act of assault was not a necessary ingredient to establish common intention – No further evidence is required with regard to existence of common intention – plea that there is no role or act of assault attributed to him, denying the existence of any common intention for that reason – Appeal dismissed.

  SUPREME COURT OF INDIA FULL BENCH SUBED ALI AND OTHERS — Appellant Vs. THE STATE OF ASSAM — Respondent ( Before : R.F. Nariman, Navin Sinha and Indira Banerjee,…

Transfer of Divorce Petition – Family Court at Delhi and Appellant resides at Indore (MP) – Claim of the petitioner that she is now staying with her parents is not disputed by the respondent – That both the children are staying with the petitioner is also not disputed – Elder child is a girl aged about 11 years and whenever the case is fixed for hearing, the petitioner has to travel about 800 kms – Petition allowed.

  SUPREME COURT OF INDIA SINGLE BENCH  NEETU YADAV — Appellant Vs. SACHIN YADAV — Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition (Civil) No.455 of 2020 Decided…

(CrPC) – Sections 177 to 184 – Transfer petition – Territorial jurisdiction – Facts to be established by evidence, may relate either to the place of commission of the offence or to other things dealt with by Sections 177 to 184 of the Code – Court cannot order transfer, on the ground of lack of territorial jurisdiction, even before evidence is marshaled – Hence the transfer petitions are liable to be dismissed.

  SUPREME COURT OF INDIA SINGLE BENCH  KAUSHIK CHATTERJEE — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition (Crl.) No.456…

“….. that there cannot be any inherent right to compassionate appointment, it is a right based on certain criteria, especially to provide succor to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is made applicable retrospectively.” HELD held that a ‘permanent’ classification does not amount to regularisation.

There cannot be any inherent right to compassionate appointment, the Supreme Court has reiterated in a judgment delivered on Tuesday. The court allowed an appeal filed by the State of…

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