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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.

Criminal Appeal Against Order Of Conviction Cannot Be Dismissed For Default: Reiterates SC HELD We, therefore, set aside the judgment and order dated 22.04.2014 and remand the matter to be disposed of on  merits. Meanwhile, considering that the appellant has been in jail for a period of almost 11 years, we grant bail subject to the satisfaction of the trial Court.

Criminal Appeal Against Order Of Conviction Cannot Be Dismissed For Default: Reiterates SC [Read Order] Ashok Kini 10 July 2020 7:32 PM The Supreme Court recently set aside a Madras…

Object of Order VII Rule 11 (a) CPC is that if in a suit, no cause of action is disclosed, or the suit is barred by limitation under Rule 11 (d), the Court would not permit the plaintiff to unnecessarily protract the proceedings in the suit. It states that the plaint “shall” be rejected if any of the grounds specified in clause (a) to (e) are made out. Hence suit filed after 3 years of registered deed is barred under, Art 59 Limitation Act.

  SUPREME COURT OF INDIA DIVISION BENCH DAHIBEN — Appellant Vs. ARVINDBHAI KALYANJI BHANUSALI (GAJRA)(D) THR. LRS. AND OTHERS — Respondent ( Before : L. Nageswara Rao and Indu Malhotra,…

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