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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.

Labour Court and High Court failed to consider the specific plea of the company that the employee concerned was an employee of the contractor–Held in normal circumstances the matter should be remitted to High Court for reconsideration accordingly but as the employee concerned has already superannuated , Court directed to pay 50% of back wages only in terms of the award of Labour Court.

2008(1) LAW HERALD (SC) 698 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Appeal (civil) 1389 of 2001…

Service Matters

Appointment–Appellant was appointed as an X-ray Technician –He was compulsorily required to discharge the duties of administrative clerk as well–High Court not justified in not considering the administrative experience gained by the appellant as mentioned in his application form duly approved by the Medical Officer.

2008(1) LAW HERALD (SC) 685 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Tarun Chatterjee The Hon’ble Mr. Jusitce P. Sathasivam Civil Appeal No. 4760 of 2007…

Civil Procedure Code, 1908, O.41 R.31— Appeal from original decree-­Speaking Order—Held; Judgment of the appellate court has to state the reasons for the decision—It is necessary to make it clear that the approach of the first appellate court while affirming the judgment of the trial Court and reversing the same is founded on different parameters

(2017) 177 AIC 26 : (2017) AIR(SCW) 3591 : (2017) AIR(SC) 3591 : (2017) AllSCR 1828 : (2017) 124 ALR 585 : (2017) 3 ARC 8 : (2017) 3 CGLJ…

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