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JUDGMENTS 1. Collusive Commercial Transactions With Corporate Debtor Will Not Constitute 'Financial Debt' Under IBC: Supreme Court [Case: Phoenix Arc Private Limited v. Spade Financial...
In 2014, V Surendra Mohan, a practicing advocate, applied for the post of a Civil Judge in Tamil Nadu. His application was rejected on the ground that he was 70% blind. This resulted from Tamil Nadu's policy of reserving the post only for persons whose percentage of blindness did not exceed 40-50%. He challenged this policy before the Supreme Court, arguing that this arbitrary eligibility criteria deprived him of a post that he was otherwise entitled to as per his marks and interview. In 2019, the Supreme Court upheld the state's exclusionary policy as 'reasonable, just, and fair', gi...