Section 10-A Archives

Telangana HC declares Section 10-A of Telangana (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pat Structure) Act, 1994 as ultra vires

There exists no power under Section 101 of the Andhra Pradesh Reorganisation Act, 2014 to introduce an independent provision like Section 10-A in Telangana (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pat Structure) Act, 1994, which runs contrary to an existing provision i.e., the Andhra Pradesh Intermediate Education Service Rules, without amending, modifying, or repealing it.

Case Briefs High Courts

Once school declared an aided educational institution, State Education Tribunal has jurisdiction to adjudicate questions of employment & not Regional Director: Orissa HC

“The School was given the status of grant-in-aid and become a non- Government aided educational institution within the meaning of Section 2(b) of the Orissa Education Act, 1969 during pendency of the appeal, which was related to the termination of services of the school peon, the Regional Director ceased to have jurisdiction and it was the State Education Tribunal, which was the competent forum to adjudicate.”

Case Briefs Supreme Court

SC explains Object and Purpose of inclusion of Sec. 10-A of MMDR Act by MMDR Amendment Act, 2015

“Section 10A(1) of the Mines and Minerals (Development and Regulation) Act, 1957 mandates that all applications received prior to 12-01-2015 shall become ineligible”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether an application filed under Section 7 IBC by Financial Creditor is barred by Section 10A IBC? NCLAT Answers

NCLAT held that benefit under S. 10-A of IBC can only be claimed when default occurs during prohibited period – ‘05-03-2020 to 25-03-2021’.