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SABKA VISHWAS (LEGACY DISPUTE RESOLUTION) SCHEME 2019

Sarfaesi – No proceeding U/s 13(4) – Writ maintainable – Overcharging of interest by Bank – Sarfaesi set aside – NPA could not be continued if account was regularised. [2022 PLRonline 0594]

SC issues notice to RBI a. qua handing over of loan documents  b. change in RATE OF INTEREST applicable to loans  c. furnishing yearly STATEMENT OF ACCOUNTS to account holders

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Companies Act, 1956 Section 81 , 441, 629A  – Tribunal (NCLT) has all the powers to compound all the offences irrespective of any pecuniary limit. [2023 PLRonline 0112]

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Right to Information Act – Duty of public authorities – Direct that the Central Information Commission and the State Information Commissions – Shall continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued from time to time.

IPC S. 498A   – Cruelty – Non-providing of proper medical aid is cruelty. [ 2023 PLRonline 419673]

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NIA S. 148 – CrPC S. 389 – Condition of deposit when an accused applies for suspension of sentence under Section 389 – Typically, the accused applies for relief without any conditions – If a blanket order is sought, the court must determine if the case falls under the exception of Section 148 – Impugned orders have been set aside. [(2023-3)211 PLR 260 (SC)]

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Service Matter – Uttar Pradesh Subordinate Offices Ministerial Group “C” Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 – Promotion. [ 2023 SCeJ 0336]

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SABKA VISHWAS (LEGACY DISPUTE RESOLUTION) SCHEME 2019

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Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019- Sec. 121, 129

As noted above, the Scheme being a piece of reformative legislation, ‘redemption fine' that is a penalty in rem must clearly be shown to have been excluded from the meaning of the word ‘penalty' used in Section 129 of the Scheme, before it may be inferred that a discharge Certificate may be issued only upon payment of the ‘redemption fine'/ penalty in rem. In absence of any provision to exclude ‘redemption fine'/penalty in rem from the benefits of the Discharge Certificate contained in Section 129 of the Scheme, no such inference may be drawn, against the plain language and intent of the Scheme. In absence of any express exclusion created by the Scheme, ‘redemption fine' would always remain a ‘penalty' covered under the meaning of that word used in Section 129(1)(a) read with Section 121 (u) of the Scheme. Thus, we have reached the same conclusion on the point as the Gujarat High Court, but for reasons of our own.

M/s. Jay Shree Industries v. Union of India , 2021(7) ADJ 379(DB)]

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