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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.

Displaced Persons (Compensation & Rehabilitation) Act, 1954 – Section 16 – Displaced Persons (Compensation and Rehabilitation) Rules, 1955 – Rule 34 – Transfer of land – Lack of use of expression ‘package deal’ – Thus, if the Central Government could transfer land forming part of the compensation pool to a corporation, then it could very well transfer land to a State Government.

SUPREME COURT OF INDIA DIVISION BENCH RAMESH PARSRAM MALANI AND OTHERS — Appellant Vs. STATE OF TELANGANA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta…

West Bengal Premises Tenancy Act, 1997 – Section 7(2) and 7(3) – Limitation Act, 1963 – Section 5 – West Bengal Premises Tenancy Act, 1956 – Section 17(2), 17(2A), 17(2B) – Extension of time to deposit of arrears of rent – Sub sections (2A) and (2B) of Section 17 of 1956 Act confer unfettered power on the court to extend the period of deposit of rent, which is circumscribed by the proviso of sub sections (2) and (3) of Section 7 of the Act.

SUPREME COURT OF INDIA DIVISION BENCH BIJAY KUMAR SINGH AND OTHERS — Appellant Vs. AMIT KUMAR CHAMARIYA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta…

Mumbai Municipal Corporation Act, 1888 – Sections 139, 140 and 169 – Water Charges Rules – Applicability of – High Court misread the impugned demand notices as being under Section 169 of the Act, when in fact the same were for recovery of property tax in the form of water benefit tax under Section 139 read with Sections 140 and 141 of the Act.

SUPREME COURT OF INDIA DIVISION BENCH MUNICIPAL CORPORATION OF GREATER MUMBAI — Appellant Vs. HARISH LAMBA OF BOMBAY, INDIAN INHABITANT AND OTHERS — Respondent ( Before : A.M. Khanwilkar and…

Penal Code, 1860 (IPC) – Sections 326, 452 and 34 – Voluntarily causing grievous hurt by dangerous weapons – Enhancement of sentence – -This Court note that under the crime test, seriousness needs to be ascertained. The seriousness of the crime may be ascertained by (i) bodily integrity of the victim; (ii) loss of material support or amenity; (iii) extent of humiliation; and (iv) privacy breach.

SUPREME COURT OF INDIA FULL BENCH STATE OF MADHYA PRADESH — Appellant Vs. UDHAM AND OTHERS — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Ajay Rastogi, JJ.…

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