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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.

Culpable Homicide–Asthmatic patient kept under unhygienic conditions by Police Officers–Cause of death has been shown to be asphyxia on account of detention of the deceased in unhygienic condition despite his respiratory problems–Accused can be proceeded against under Section 304 Part II and Section 330 I.P.C. and not under Section 302 I.P.C.

Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 1683 of 2008 Indu Jain v. State of M.P. {Decided on 23/10/2008} For the…

Confession–Recovery of foreign exchange–Confession by accused later retracted–Burden to prove that confession was voluntary would be on Department. Burden of proof–Parliament did not make any provision placing the burden of proof on the accused/proceedee—The Act does not provide for a ‘reverse burden’–No presumption of commission of an offence is raised under the Act.

Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7407 Of 2008 Vinod Solanki v. Union of India {Decided on 18/11/2008} Important Point…

Property Tax–Sub-lessee whether liable to pay property tax–Deed placed number of restrictions on the sub-lessee which prevented the sub lessee from full enjoyment of the leasehold rights–As the deed did not operate as a conveyance and the industrial plot was let out to sub-lessee the primary liability to pay property tax cannot be fastened on sub-lessee.

Before The Hon’ble Mr. Justice S.H. Kapadia The Hon’ble Mr. Justice B. Sudershan Reddy Civil Appeal Nos.6802-6806 Of 2003 Municipal Corporation of Delhi v. Shashnak Steel Industries (P) Ltd {Decided…

Extra judicial confession–Confession before PW3 after a week of occurrence–PW3 is the former President of the Village Panchayat–He had not chosen to reduce into writing the extra judicial confession of the accused or produce him at the police station–Confession not reliable.

Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 177 of 2003 Inspector Of Police, T.N. v. Palanisamy @ Selvan {Decided…

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