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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.

Appointment of arbitrator – Appellant’s own default in sleeping over his right for 14 years will not constitute a case of ‘undue hardship’ justifying extension of time under Section 43(3) of the 1996 Act or show ‘sufficient cause’ for condonation of delay under Section 5 of the Limitation Act . Held High Court’s observation that the entire dispute seems concocted so as to pursue a monetary claim against the respondents approved.

SUPREME COURT OF INDIA FULL BENCH M/S GEO MILLER & CO. PVT. LTD. — Appellant Vs. CHAIRMAN, RAJASTHAN VIDYUT UTPADAN NIGAM LTD. — Respondent ( Before : N.V. Ramana, Mohan…

In the instant case, none of the circumstances relied upon by the prosecution have been proved beyond reasonable doubt, and there is no question of a complete chain of circumstances being formed that would point towards the guilt of the accused. In Court’s considered opinion, the benefit of doubt should therefore be granted in their favour – The Courts below erred in convicting Accused Nos. 1 and 2 for the offences of the abduction and murder of the deceased – Appeal allowed.

SUPREME COURT OF INDIA FULL BENCH UMESH TUKARAM PADWAL AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Ajay…

Unlawful assembly and rioting with deadly weapons – Common object – The important ingredients of an unlawful assembly are the number of persons forming it i.e., five; and their common object. Common object of the persons composing that assembly could be formed on the spur of the moment and does not require prior deliberations – Course of conduct adopted by the members of such assembly; their behaviour before, during, and after the incident; and the arms carried by them are a few basic and relevant factors to determine the common object.

SUPREME COURT OF INDIA DIVISION BENCH MANJIT SINGH — Appellant Vs. THE STATE OF PUNJAB — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Criminal Appeal No.…

High Court has erred in quashing and setting aside the acquisition proceedings on the ground that the same have lapsed as the award was not declared within a period of two years from the date of declaration under Section 6 of the Act – High Court has committed a grave error in not excluding the period of interim stay granted by it in writ petition – Even grant of interim stay of possession would also save lapsing of the acquisition – Appeal allowed.

SUPREME COURT OF INDIA FULL BENCH THE STATE OF MAHARASHTRA AND OTHERS — Appellant Vs. M/S MOTI RATAN ESTATE AND ANOTHER — Respondent ( Before : Arun Mishra, M.R. Shah…

Weights and Measures Act, 1976 – Sections 12 and 30 – Short delivery of petrol and diesel – Section 153 of the Indian Penal Code has been made inapplicable under the Act as power of search and seizure is vested with the designated authorities under the Act. Therefore, the entire Code is inapplicable in respect of the prosecution under the Act that the police cannot enter any place for the purpose.

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTAR PRADESH — Appellant Vs. AMAN MITTAL AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…

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