Service Law — Penalty/Punishment — Proportionality/Quantum of punishment:
Held, since no financial loss was caused to bank, on the contrary decision to reduce loan amount was taken in bank’s interest, and fact that in appellant’s service span of…
Service Law — Pension — Entitlement to pension — Vested/accrued rights — Divesting of vested/accrued rights with retrospective effect — Permissibility:
Amendment having retrospective operation divesting employee of benefit already granted to him under existing Rules, violative of Arts. 14 and 16 of the Constitution. Employees who had opted for Pension…
Service Law — Dismissal/Discharge — Grounds for dismissal/discharge — Dismissal — Proportionality:
As allegations of fraud committed by employee concerned on employer Bank were fully established, superannuation of employee concerned in the meantime is not relevant. Bank employees always hold position of…
Insolvency and Bankruptcy Code, 2016 — S. 31(1) r/w Ss. 13 and 15:
Claims of Government/Revenue against corporate debtor which are not lodged before resolution professional, after issuance of public notices under Ss. 13 and 15, and not forming part of approved resolution…
Insolvency and Bankruptcy Code, 2016 — Ss. 30, 31 and 62 — Modification/Amendment of resolution plan:
In this case, appellant’s proposal for modification/amendment of the resolution plan was declined by the resolution professional and thereupon, the appellant approached the adjudicating authority by filing an IA. Adjudicating…
Insolvency and Bankruptcy Code, 2016 — S. 7,12 and 30:
Held, the approved resolution plan has to be implemented at the earliest and that is the mandate under IBC.
Insolvency and Bankruptcy Code, 2016 — S. 60(5):
Grant of stay/injunction under provisions of IBC against termination of contract entered into with corporate debtor is not permissible, when: (i) The contract is terminated dehors insolvency proceedings under IBC…
Insolvency and Bankruptcy Code, 2016 — Ss. 238-A and 61:
Non-supply of free copy of impugned order does not affect, and thus, shall not extend the limitation period for filing an appeal under S. 61 IBC. Scheme laid down in…
Contract and Specific Relief Act- Specific Relief Act, 1963 — S. 19(b): Suit for specific performance against whom not enforceable:
Specific performance, held, cannot be enforced against such purchaser or their transferees as they would fall within exception of transferee for value who had paid money in good faith and…
Civil Procedure Code, 1908 — Or. 23 R. 3-A and Or. 7 R. 11(d) — Applicability of Bar under Or. 23 R. 3-A on suit seeking to set aside compromise/consent decree on ground that compromise on which decree is based was not lawful —:
An independent suit challenging compromise/consent decree on ground that it is not lawful is not maintainable. Proper remedy for challenging compromise/consent decree on ground that it is not lawful, reiterated,…