Service -- Reservation - Benefit of promotion with consequential seniority - Art.16(4-A) of Constitution enabled State to extend benefit of promotion with consequential seniority by examining adequacy of representation to SC/ST in State services - However, State of Orissa has not made any provision either by way of legislation or by a executive order to extend such..........
Service -- Selection process - Post of Physical Training Instructor (PTI) - Change of criteria - Power to devise mode of selection and fix criteria was entrusted to Commission - There is no rules or resolution of Commission by which power of Commission to devise mode of selection and fix criteria have been delegated to any other member including Chairman - Alteration of..........
Service -- Government Resolution 2004 withdrawn by Subsequent Government Resolution 2008 - Tribunal upheld the Government Resolution 2008 - Validity - Both the resolutions issued by Government in exercise of its executive powers and do not seek to alter service conditions of appellants provided by Government Resolution 1995 - Service condition of employees working in..........
Service -- Pay scale of Deputy Accountant on basis of Government Resolution 2004 - Government Resolution 2004 is withdrawn by Government itself, Appellants thus, not entitled to scale of Deputy Accountant on basis of such Resolution...........
Service -- Recovery of excess payment - Appellants were given undertaking that if High Court upheld Government Resolution 2008, they shall refund the amount received - High Court upheld such Resolution in 2014 - Benefits thus, received by Appellants till 2014 was under the order of High Court and same not to be withdrawn - Benefits received after 2014 can only be..........
Insolvency and Bankruptcy Code, 2016 -- Preamble - Code came to be enacted to consolidate and amend laws relating to re-organisation and insolvency resolution of corporate persons and even of partnership firms and individuals in a time bound manner; the objectives, inter alia, being for maximisation of value of assets of such persons and balance of interest of all the..........
Insolvency and Bankruptcy Code, 2016, Section 43 -- `Preferential transactions and relevant time' - Chapter III of Part II of Code - Relating to liquidation process, but such provisions being for avoidance of certain transactions and having bearing on resolution process too, by their very nature, equally operate over CIRP, and hence, RP is obligated, by virtue of..........
Insolvency and Bankruptcy Code, 2016, Section 43, 44 -- `Preferential transactions and relevant time' - Submissions of respondents that in view of look-back periods provided in S.43(4) of Code, by their very nature, would come into operation at least one year after enactment of Code and else, it would be giving retrospective effect to these provisions which is not..........
Insolvency and Bankruptcy Code, 2016, Section 25, 43 -- Duties of resolution profession - `Preferential transactions and relevant time' - For purpose of application of Section 43 of the Code in any insolvency resolution process - What resolution professional ordinarily required to do - Illustrated...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company/Corporation - Complaint by constituted attorney - Attorney not examined - No resolution of company in his favour either by Board of Directors of the complainant corporation or by Managing Director - Complaint not instituted through authorized person - Accused rightly acquitted...........
