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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.

Indian Penal Code, 1860, S.354 and S.448–Outraging modesty of woman-­Reduction in Sentence—Compounding of Offence—House Trespass-Incident is about 10 years old-Submission by complainant that with passage of time, the grudges amongst each other have vanished away and have taken a shape of friendship-Sentence reduced to period already undergone which was more than minimum prescribed sentence-­Criminal Procedure Code, 1973, S.320

2019(1) Law Herald (SC) 618 : 2018 LawHerald.Org 2138 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Hemant Gupta Criminal Appeal No(s). 1415…

Service Matters

Service Law–Disability–Judicial Officer-Prescription of disability to the extent of 40% -50% for recruitment for the post of Civil Judge (Junior Division) is valid and it does not contravene any of the provisions of the Act, 1995 or any other statutory provision—Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.        

2019(1) Law Herald (SC) 351 : 2019 LawHerald.Org 547 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No, 83…

Arbitration—Objections—Condonation of Delay—Delay beyond prescribed period of three months and further period of 30 days on satisfaction of court from date of passing award cannot be condoned. Arbitration—Objections—Limitation—Section 14 of Limitation Act is applicable to an application under S.34 of 1996 Act.

2019(1) Law Herald (SC) 17 : 2018 LawHerald.Org 1955 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Hon’ble Mr. Justice Vineet Saran Civil Appeal No.…

Constitution of India, 1950, Art.227–Writ of Habeas Corpus-Custody of Child–The Central aspect to be considered by the Court is whether the custody of child can be said to be unlawful or illegal and whether the welfare of child requires that the present custody should be changed and the child should be left in the care and custody of somebody else, depending on which appropriate directions can be passed

2019(1) Law Herald (SC) 575 : 2018 LawHerald.Org 2136 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr. D.Y. Chandrachud Criminal Appeal Nos.…

Haryana Municipal Corporation Act, 1994, S.87–User Charges-Municipal Corporation is competent to levy user charges for the use of municipal drain for the flow of waste water from the tube wells by installed by private institutions-Such user charges which are as per diameter of tube well does not amount to fee for which prior approval of State government is required.          

2019(1) Law Herald (SC) 555 : 2019 LawHerald.Org 603 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

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