Service Law – Interpretation and implementation of the Modified Assured Career Progression Scheme, 2008, applicable with effect from 01.09.2008- SC Held: the Respondents would be entitled to the benefits of the MACPS only after taking into consideration all the financial upgradations earned by them, in terms of the CCS RP Rules. Financial upgradations under the said Rules have to be accounted for and will be treated as financial upgradations earned for the purpose of reckoning the 10-year intervals and the three assured financial upgradations, in terms of Grade Pay, under the MACPS. Union Of India vs N.M. Raut 2024 INSC…

Credit Card – The rate of interest, charged by the banks, determined by the financial wisdom & directives issued by the Reserve Bank of India, and is duly communicated to the credit card holders from time to time, cannot be in any manner unconscionable or unilateral. The credit card holders are duly educated and made aware of their privileges and obligations, including timely payment & levying of penalty on delay. (Para 70) -The decision of the National Commission to unilaterally hold that any interest above 30% p.a. is usurious is an encroachment upon the domain of the Reserve Bank of…

NDPS Act – Section 37 – In the NDPS cases, where the offence is punishable with minimum sentence of ten years, the accused shall generally be not released on bail. Negation of bail is the rule and its grant is an exception. While considering the application for bail, the court has to bear in mind the provisions of Section 37 of the NDPS Act, which are mandatory in nature. The recording of finding as mandated in Section 37 is a sine qua non for granting bail to the accused involved in the offences under the said Act. Apart from the…

Transfer of Property Act – Section 53-A-Protection of a prospective purchaser/transferee of his possession of the property involved, is available subject to the following prerequisites: (a) There is a contract in writing by the transferor for transfer for consideration of any immovable property signed by him or on his behalf, from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty; (b) The transferee has, in part-performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part- performance of the contract; (c)…

Constitution of India – Article 226 – Judicial Review – Author of the tender documents is the best person to understand and appreciate its requirements and interpret its documents. The constitutional courts must defer to this understanding and appreciation of the tender documents, unless there is mala fide or perversity in the understanding or appreciation or in the application of the terms of the tender conditions. It is possible that the owner or employer of a project may give an interpretation to the tender documents that is not acceptable to the constitutional courts but that by itself is not a…

Summary: HC set aside the order transferring the services of the respondent from Thiruvananthapuram to Jammu – Allowing appeal, SC observed:respondent has expressed his willingness to join the post to which he has been transferred -The appellant should release the salary for the period commencing from 27.05.2023 within a period of one month of his joining the transferred post. It is the responsibility of the appellant and the respondent to ensure that no further litigation would ensue on the basis of the salary payable. The appellant also will extend the same care and courtesy that is indicated in the letter…