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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.
Service Matters

Service Law–Appointment–Lecturer–NET qualification is now minimum qualification for appointment of Lecturer and exemption granted to M.Phil, degree holders have been withdrawn and exemption is allowed only to those Ph.D. degree holders who have obtained the Ph.D. degree in accordance with 11.7.2009 regulations-Regulations 2009 of UGC (Minimum Standards and Procedure).

(2018) AIR(SCW) 1148 : (2018) AIR(SC) 1148 : (2018) 1 ESC 94 : (2018) 2 JT 20 : (2018) 1 LawHerald(SC) 236 : (2018) 1 Scale 465 : (2018) 2 SCT 86 : (2018)…

Exparte Decree—Setting aside of—Remand of Case-After setting aside of ex-parte order Trial Court was required to issue fresh notice of the suit despite their non-appearance in first round of trial in suit and in O.9 R. 13 proceedings (as per local amendment in State of Kerala)—No such fresh notice was issued—High Court rightly remanded the case to trial court for fresh trial.

(2018) AIR(SCW) 718 : (2018) AIR(SC) 718 : (2018) 2 ALT 44 : (2018) 1 CTC 685 : (2018) 1 JT 484 : (2018) 1 LAR 189 : (2018) 1 LawHerald(SC) 233 : (2018)…

Eviction—Subletting—Since the tenant had admitted the presence of alleged sub-tenant in the suit property the burden was on him to prove its nature and the capacity in which he used to sit in the suit shop Eviction—Multiple Grounds—If one ground of eviction is held made out of several pleaded against the tenant, that one ground is sufficient to evict the tenant from the suit premises

(2018) 2 JT 129 : (2018) 1 LawHerald(SC) 198 : (2018) 1 RCR(Rent) 190 : (2018) 1 SCALE 472 SUPREME COURT OF INDIA DIVISION BENCH FLORA ELIAS NAHOUM — Appellant Vs. IDRISH ALI LASKAR…

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