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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.

Delay in lodging of FIR was bound to occur as the FIR was filed after return of prosecutrix from Jaipur after one and a half years remaining under the ordain of accused/appellant – She had been forced to indulge in prostitution during this period – Prosecutrix had become habitual to sexual intercourse – In such a fact-situation, question of having any physical injury marks would not arise – Offences punishable under Section 366 and 376 proved beyond reasonable doubt – Appeal dismissed.

  AIR 2009 SC 2729 : (2009) CriLJ 3942 : (2009) 7 JT 491 : (2009) 8 SCALE 801 : (2009) 15 SCC 543 : (2009) AIRSCW 4182 SUPREME COURT…

There is some cogent material on the basis of which satisfaction can be arrived at about the participation in the agitation, the Government may relax the other requirements. However, it would be for the State Government to exercise such a discretion, in a given case, if it is otherwise fully satisfied that the material produced demonstrate that the applicant is a freedom fighter – Court set aside the orders of the High Court – Appeal allowed. Counsel for Appearing Parties

  (2013) 4 LLN 34 : (2013) 11 SCALE 535 : (2013) 14 SCC 225 : (2013) 4 SCT 708 SUPREME COURT OF INDIA STATE OF MAHARASHTRA AND OTHERS —…

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