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Contract Act, 1872 — Section 133 — Discharge of surety by variance in terms of contract — A variance made without the surety’s consent in the terms of the contract between the principal debtor and the creditor discharges the surety only with respect to transactions occurring subsequent to the variance. The surety remains liable for the original amount guaranteed. Insolvency and Bankruptcy Code, 2016 — Committee of Creditors (CoC) — Commercial Wisdom — Legislative intent to vest decisive authority in CoC, which comprises financial creditors who bear economic consequences of failure — Decisions on viability, valuation, and haircuts are commercial, not judicial — Courts do not substitute their assessment for that of the CoC — Adjudicatory authority performs a supervisory role, ensuring statutory compliance and procedural fairness, but refrains from second-guessing economic bodies. Kerala Technical Education Service (Amendment) Rules, 2004 — Rule 6A — Exemption from PhD requirement — Rule 6A(i) and (ii) — Validity — Supreme Court judgment in Christy James Jose v. State of Kerala (2016) held appointments not contrary to AICTE qualifications and Special Rule 6-A(2) in tune with AICTE Notification dated 18-2-2003 — AICTE Regulations on qualifications are binding on State Rules to the extent of repugnancy — Rule 6A had no application after 05-03-2010 when AICTE issued new regulations mandating PhD for promotion to Professor, Associate Professor, and Principal posts. Motor Vehicles Act, 1988 — Compensation — Deduction of amounts received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006 — Supreme Court clarifies that only benefits directly replacing lost income are deductible from compensation awarded under the Motor Vehicles Act. Other benefits, such as pensions or life insurance, remain unaffected. Insolvency and Bankruptcy Code, 2016 — Section 7 — Adjudicating authority must satisfy itself that a financial debt exists and there is a default — Pre-existing dispute is not a bar to admitting an application by a financial creditor under Section 7, unlike in the case of an operational creditor under Section 9.

RYAN SCHOOL CASE::: Anticipatory Bail—Approaching High Court directly—In a murder case there was a media trial against accused persons and District Bar Associations had passed a resolution for not taking up their case—No fault in approach of private respondents in approaching High Court directly as High Court has concurrent jurisdiction.

(2017) AIR(SCW) 5735 : (2017) AIR(SC) 5735 : (2018) AllSCR(Crl) 30 : (2017) CriLR 1267 : (2018) 1 JBCJ 213 : (2017) 12 JT 209 : (2017) 4 LawHerald(SC) 3073 : (2017) 14 Scale…

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