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Indian Air Force — Short Service Commission Officers (SSCOs) — Reinstatement and consideration for Permanent Commission (PC) — Dismissal of appeal challenging AFT order — Delay in approaching legal forum. Short Service Commission Women Officers (SSCWOs) — Eligibility for Permanent Commission (PC) and pensionary benefits — Applicability of Air Force Human Resource Policy — Refusal of benefits due to not meeting minimum average Annual Confidential Report (ACR) grading of 6.5 — Court’s refusal to grant benefits where minimum criteria not met and no demonstrated mitigating circumstances exist compared to other successful applicants. Air Force Act, 1950 — Short Service Commission Women Officers (SSCWOs) — Permanent Commission (PC) — Denial of PC — Assessment of performance and eligibility — HRP 01/2019 — Minimum Performance Criteria — ACR gradings — Mandatory In-Service Courses (MISCs) — Categorisation — Arbitrariness — Hurried implementation — Inadequate opportunity to meet criteria — Pregnancy — Deemed qualifying service for pension — One-time measure. Army Act, 1950 — Short Service Commission Officers (SSCOs) — Permanent Commission (PC) — Annual Vacancy Cap — The Supreme Court examined the annual cap of 250 vacancies for PC, finding it not to be an immutable rule and that it had been breached historically for exigencies of service and policy changes, thus it should not act as an absolute bar to corrective relief, especially when the method of assessment was found to be unfair. Service Law — Indian Navy — Short Service Commission Officers (SSCOs) — Grant of Permanent Commission (PC) — Assessment of suitability for PC — Whether casual grading of ACRs and “Not Recommended for PC” endorsements prejudiced officers’ chances of PC — Held yes, as officers were considered ineligible for PC at the time of their ACRs, leading to a distorted assessment of their inter se merit for PC — This circularity transformed past ineligibility into deemed unsuitability for career progression, creating an uneven playing field.

Insolvency—Winding up petition—Cases where the BIFR has forwarded an opinion to the High Court to wind up a company under Section 20 of the SIC Act, all such cases, are not to be transferred to NCLT. Insolvency and Bankruptcy Code, 2016, S.238–Transfer of Petition-Winding up petition—Cases where the BIFR has forwarded an opinion to

2019(1) Law Herald (SC) 220 : 2018 LawHerald.Org 2060 (2019) 1 RCR(Civil) 358 : (2018) 15 Scale 836 : (2019) 151 SCL 196 IN THE SUPREME COURT OF INDIA Before…

Motor vehicles Act, 1988, S.166 and 2(30)–Accident–Registered Owner- -Merely because the vehicle was transferred does not mean that such registered owner stands absolved of his liability to a third person–So long as his name continues in RTO records, he remains liable to a third person.

2019(1) Law Herald (SC) 216 : 2018 LawHerald.Org 2059 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit  Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Civil…

Criminal Breach of trust by Public Servant—Reduction in Sentence—Embezzlement of 85 litres of diesel from depot of State Transport by its bus driver—Appellant is now in his late sixties and no longer in service—He is also ailing and is not involved in any other criminal activity—Sentence reduced to period already undergone with increment in fine

2019(1) Law Herald (SC)   204 : 2018 LawHerald.Org 2056 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Criminal Appeal No.…

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