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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.

Auction sale of immovable property–Confirmation of–Only because the sale was confirmed within a period of 30 days from the date of acceptance of bid, the same by itself, was not decisive to set aside the sale after 8 years. Auction sale–Deposit of amount–Term ‘immediately’– Required to be construed as meaning with all reasonable speed, considering the circumstances of the case.

2007(1) LAW HERALD (SC) 631 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju  Civil Appeal No. 6129 of 2000…

Acquisition of Land–Declaration under Section 6 made after expiry of one year from the date of publication of the notification under Section 4(1) of the Act, would be void and of no effect. Temporary Injunction–Stay Order–Vacation of–There is no warrant for the proposition, that unless an order of stay passed once, even for the limited period is vacated by an express order or otherwise; the same would continue to operate.

2007(1) LAW HERALD (SC) 619 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 324 of 2007…

Service Matters

Retrenchment–Compensation–Principle of 26 working days for determining the compensation under Section 25F(b) of I.D. Act is not justified. Interpretation of Statute– Ordinary meaning of the words should not be departed from unless it can be shown that the legal context in which the words are used requires a different meaning.

2007(1) LAW HERALD (SC) 609 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 252 of 2007…

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