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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.

Motor Vehicles Act, 1988 – Section 168 – Compensation – Suffered serious injuries resulting in damage to brain -Normally interest should be granted from the date of filing of the petition and if in appeal enhancement is made the interest should again be from the date of filing of the petition.

SUPREME COURT OF INDIA DIVISION BENCH KAJAL — Appellant Vs. JAGDISH CHAND AND OTHERS — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ. ) Civil Appeal No.…

Compromise Decree Which Does Not Take In Property That Is Not Subject Matter Of Suit Need No Registration: SC HELD “A compromise decree passed by a Court would ordinarily be covered by Section 17(1)(b) but subsection(2) of Section 17 provides for an exception for any decree or order of a Court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding.

Compromise Decree Which Does Not Take In Property That Is Not Subject Matter Of Suit Need No Registration: SC [Read Judgment] LIVELAW NEWS NETWORK 5 Feb 2020 6:41 PM The…

DEFAULT BAIL – HELD The provisions of the Code do not empower anyone to extend the period within which the investigation must be completed nor does it admit of any such eventuality. On the expiry of the said period of 90 days or 60 days, as the case may be, an indefeasible right accrues in favour of the accused for being released on bail on account of default by the investigating agency

  1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1218 OF 2018 @ SPECIAL LEAVE PETITION (CRIMINAL) NO.6453 OF 2018 Achpal @ Ramswaroop &…

Service Matters

Indian Railway Establishment Manual – Clause 129 – Modified Assured Career Progression Scheme – Appointment – Entitlement to Financial upgradation-Tribunal would independently apply their mind to the facts and the legal position after calling upon the appellant, that is, the Southern Railway, Trivandrum and the respondents, that is, the original applicants before the Tribunal to file additional affidavits, if required and necessary

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. ROSAMMA BENNY AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna, JJ.…

Criminal Procedure Code, 1973 (CrPC) – Section 427 – Penal Code, 1860 (IPC) – Sections 34, 392, 394 and 397 – Robbery – Sentence on offender already sentenced for another offence – Appellant is involved in sixteen criminal cases HELD Considering the report of the Probation Officer, illness of the mother of the appellant, his family background, facts and circumstances of the case and in the interest of justice, this is a fit case for exercising discretion in directing the sentence of imprisonment to run concurrently.

SUPREME COURT OF INDIA DIVISION BENCH VICKY @ VIKAS — Appellant Vs. STATE (GOVT. OF NCT OF DELHI) — Respondent ( Before : R. Banumathi and A.S. Bopanna, JJ. )…

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