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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.

IMP :: WILL proof when both attesting witness are dead.HELD in a case covered under Section 69 of the Evidence Act, what is to be proved as far as the attesting witness is concerned, is, that the attestation of one of the attesting witness is in his handwriting. The language of the Section is clear and unambiguous. Section 68 of the Evidence Act, as interpreted by this Court, contemplates attestation of both attesting witnesses to be proved. But that is not the requirement in Section 69 of the Evidence Act.

HELD “in a case covered under Section 69 of the Evidence Act, what is to be proved as far as the attesting witness is concerned, is, that the attestation of…

SCOI considered whether the NHAI, which owns and controls the highway, led to a duty of care to the users of the highway. HELD NHAI, which indisputably owns and controls the highway, and on whose behalf it was constructed, and for which the maintenance and operation agreement was entered into, led to a duty of care, to the users (of the highway)” The failure of the NHAI to ensure remedial action, and likewise the failure by Rathod (mining contractor) to take measures to prevent the accident, prima facie, disclose their liability. “

  SUPREME COURT OF INDIA FULL BENCH THE DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA — Appellant Vs. AAM AADMI LOKMANCH AND OTHERS — Respondent ( Before :…

Environment Law – Maharashtra Regional and Town Planning Act, 1966 – Section 154 – Degradation of environment hill cutting at Katraj Ghat. Penalty HELD The directions were not based on any scientific evidence or report of any technical expert of state – Even the impugned notification does not specify what constitutes “hills”, and how they can be applied in towns and communities set in undulating areas and hilly terrain – Appeal partly allowed.

  SUPREME COURT OF INDIA FULL BENCH THE DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA — Appellant Vs. AAM AADMI LOKMANCH AND OTHERS — Respondent ( Before :…

Certificate Under Section 65B(4) Evidence Act Is A Condition Precedent To The Admissibility of Electronic Evidence: SCOI HELD where the requisite certificate has been applied for from the person or the authority and the person or authority either refuses to give such certificate, or does not reply to such demand, the party asking for such certificate can apply to the Court for its production under the provisions of the Evidence Act, CPC or CrPC.

Certificate Under Section 65B(4) Evidence Act Is A Condition Precedent To The Admissibility of Electronic Evidence: SC [Read Judgment] Ashok Kini 14 July 2020 6:51 PM Answering a reference, the…

Padmanabhaswamy Temple: HELD Shebaitship must devolve in accordance with the applicable law and custom upon his successor; that the expression “Ruler of Travancore” as appearing in Chapter III of Part I of the TC Actmust include his natural successors according to law and custom; and that the Shebaitship did not lapse in favour of the State by principle of escheat

  Padmanabhaswamy Temple: “Death of King does not effect Shebaitship” Supreme Court rules that Travancore royal family has control over Temple The Bench held that the death of the King…

Rights of Persons with Disabilities Act, 2016 – Section 34 – Exemption from Aptitude test – Diploma course in Fine Art for physically/mentally challenged students – Scheduled Castes/Scheduled Tribes candidates require 35 per cent to pass in the aptitude test, the same shall apply to the disabled persons.

  SUPREME COURT OF INDIA FULL BENCH ARYAN RAJ — Appellant Vs. CHANDIGARH ADMINISTRATION AND OTHERS — Respondent ( Before : Rohinton Fali Nariman, Navin Sinha and B.R. Gavai, JJ.…

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