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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.

Bail–Trial of cases already been stayed as one of appellants had challenged the very registrations of the case by CBI–Trial is likely to be delayed appellants have to be in jail for a long period–Final report already been filed–Accused need not be detained in jail further–Accused released on bail.

2009(1) LAW HERALD (SC) 556 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 81/2009 (@…

Equal pay for equal work–Application of the principle of equal pay for equal work cannot be claimed merely because there was delegation of certain power–Claim of the Respondent for a higher pay scale is on the ground that he was discharging the duties of a higher post, without, giving any factual details–Claim untenable

2009(1) LAW HERALD (SC) 551 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 318…

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