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Service Law — Disciplinary proceedings post-superannuation — Where service regulations permit continuation of disciplinary proceedings initiated before superannuation, they can be concluded thereafter — Punishment of reduction in pay scale can be implemented by computing pension based on the reduced salary. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Summoning order based on complaint allegations lacking specific details of copyright infringement and without application of mind by Magistrate — Superior Court’s duty to examine proceedings for being frivolous, vexatious, or malicious — Held, allegations in complaint were bald and unsubstantiated, failing to disclose similarity between film and script. Insolvency and Bankruptcy Code, 2016 (IBC) — Section 31(1) — Corporate Insolvency Resolution Process (CIRP) — Resolution Plan — “Clean Slate” Principle — Effect of Approval — Claims not part of resolution plan stand extinguished — No affirmative relief can be granted for such claims — Division Bench judgment set aside. Forest (Conservation) Act, 1980 — Section 2 — Forest land — Deemed forest — Master Plan — Statutory plan prevails over subsequent growth of vegetation — Land earmarked for project under an approved Master Plan, which was not forest land at the time of the plan’s inception, cannot subsequently be declared as forest or deemed forest thereby overriding the Master Plan’s statutory force. Prevention of Corruption Act, 1988 read with Bihar Special Courts Act, 2009 (BSCA) — Confiscation proceedings against family members of a deceased public servant — Death of the public servant during pendency of appeal — Whether confiscation proceedings can continue against the family members — Held, the BSCA provides for specific circumstances for return of confiscated property, namely, modification/annulment by High Court or acquittal by Special Court — The Act does not provide for abatement of proceedings upon death of the public servant, especially when family members were also put to notice — proceedings against family members cannot be automatically set aside due to the death of the public servant, and appeals should be decided on merits.
Service Matters

Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988 – Rule 6B A candidate who is not eligible on the last date of submission of application cannot be treated to be eligible in the category of Ex-servicemen when the writ petitioners were in active service on the last date of submission of application forms

SUPREME COURT OF INDIA DIVISION BENCH RAJASTHAN PUBLIC SERVICE COMMISSION, AJMER AND ANOTHER — Appellant Vs. SHIKUN RAM FIRUDA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and…

Madhya Pradesh Land Revenue Code 1959 – Section 115 – Correction in revenue entries – There is a concurrent finding by the First Appellate Court and the High Court that the procedure not having been followed, the correction made in the revenue records and on basis of which the Temple was claimed to be a public temple and the Collector as the Manager thereof was unsustainable. – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH AND OTHERS — Appellant Vs. MURTI SHRI CHATURBHUJNATH AND OTHERS — Respondent ( Before : Navin Sinha and Sanjiv Khanna,…

Civil Procedure Code, 1908 (CPC) – Order 21 Rule 97, Order 21 Rule 99, Order 7 Rule 11, Order 21 Rule 25 and Order 21 Rule 35(3) – Land Acquisition Act, 1894 – Section 4 – Delivery of possession by police help to the decree holder cannot be granted and stands vitiated in absence of any orders by the Court for providing such police assistance. In peculiar circumstances delivery of land not interfered with

SUPREME COURT OF INDIA DIVISION BENCH OM PARKASH AND ANOTHER — Appellant Vs. AMAR SINGH AND ANOTHER — Respondent ( Before : Navin Sinha and B.R. Gavai, JJ. ) Civil…

Penal Code, 1860 (IPC) – Sections 120-B 418, 420, 448 and 380 – Criminal Procedure Code, 1973 (CrPC) – Sections 156(3) and 482 – Forgery and fabricationWhere the uncontroverted allegations in the FIR and the evidence collected in support of the same do not disclose any offence and make out a case against the accused, the court would be justified in quashing the proceedings.

SUPREME COURT OF INDIA DIVISION BENCH M. SRIKANTH — Appellant Vs. STATE OF TELANGANA AND ANOTHER — Respondent ( Before : Navin Sinha and B.R. Gavai, JJ. ) Criminal Appeal…

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