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Right to Education Act, 2009 — Section 12 — Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 — Rule 8 — Neighbourhood School Obligation — A neighbourhood school has a constitutional and statutory duty to admit students forwarded by the State Government without delay, as mandated by Article 21A of the Constitution and relevant provisions of the RTE Act and UP RTE Rules — The school cannot question the eligibility of a student once the government has completed the admission process and forwarded the list. Insolvency and Bankruptcy Code, 2016 — Section 5(8) — Financial Debt — Corporate Guarantees — A liability arising from corporate guarantee for money borrowed against interest qualifies as financial debt — The execution of corporate guarantees, even if challenged on grounds of timing or non-disclosure, are considered valid and enforceable if their execution is admitted or demonstrably proven, making the appellants entitled to recognition as financial creditors. Civil Services — Tenure Curtailment — Not Punitive Unless Stigmatic — Curtailment of tenure and reversion to a lower post is not punitive or stigmatic merely because it is premature or based on unsatisfactory performance reports, as long as the order itself does not impute misconduct or stigma beyond unsuitability for the role. Insolvency and Bankruptcy Code, 2016 (IBC) — Section 7 — Application under — Limitation period — Calculation — Default date — Right to file application under Section 7 of IBC accrues on the date of default, which is when the corporate debtor first fails to discharge its repayment obligations — Limitation begins to run from the date of classification of the account as Non — Performing Asset (NPA) — Application filed beyond the prescribed period of limitation, even after considering extensions due to CIRP and Covid — 19 pandemic, is barred by limitation — NCLT and NCLAT orders admitting the application are quashed and set aside. Service Law — Regularisation of Service — Daily Wage Employees — The Supreme Court held that a scheme formulated by the respondents, which contemplated engagement on a temporary basis, was at variance with the Tribunal’s directions for engagement on a permanent footing — The Court set aside the scheme and directed the regularisation of services for the appellants with permanent status.

Constitution of India, 1950 – Article – 226 – Land Acquisition Act, 1894 – Section – 4(1), 5-A – Notification – A notification under Section 4(1) of the Land Acquisition Act was published – There was no justification to dispense with the enquiry under Section 5-A and public purpose would have been served by allowing the claimants to submit their objections

  (1996) 81 CLT 161 : (1995) 6 JT 624 : (1995) 5 SCALE 188 : (1995) 5 SCC 583 : (1995) 3 SCR 139 Supp : (1995) 2 UJ…

Service Matters

Legal assistance – Disciplinary proceedings – Assistance of legal practitioner – Assistance of legal practitioner barred under the Regulations – Only Govt. employee allowed to assist the delinquent – High Court directing the authority to allow assistance of retired employee – Though he is not a legal practitioner who is prohibited to appear to assist the delinquent, it amounts to permitting the retired employee to have regular practice

  AIR 1997 SC 2982 : (1997) 6 JT 447 : (1997) 2 LLJ 825 : (1997) 5 SCALE 14 : (1997) 6 SCC 380 : (1997) SCC(L&S) 1473 :…

Service Matters

Seniority – Absorption – Counting of services rendered by deputationist in the parent department – Held: Any Rule, Regulation or Executive Instructions which has the effect of taking away the service rendered by deputationist in an equivalent cadre in the department while counting his seniority in the deputed post would be violative of Articles 14 and 16 of the Constitution.

  AIR 2000 SC 594 : (2000) 85 FLR 305 : (1999) 9 JT 597 : (1999) 7 SCALE 466 : (2000) 1 SCC 644 : (2000) SCC(L&S) 213 :…

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