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In the matter at hand, the accused was an Executive Engineer, Municipal Corporation, Chandigarh, and caused wrongful loss in excess of Rs. 13.66 crore to the Government exchequer by changing the terms and conditions of the Detailed Notice Inviting Tender.
The Court refused to grant relief under Article 142 of the Constitution to a candidate applying for post of Boat Lascar, as he gained entry through a process which was not legal and valid.
“Judicial decisions abound that in deciding a claim for appointment on compassionate grounds, the financial situation of the deceased employee’s family must be assessed. In a situation otherwise, the purpose of the scheme may be undermined; without this evaluation, any dependent of an employee who dies while in service might claim a right to employment as if it is heritable.”
Justice Dipankar Datta served as a Judge in the Calcutta High Court, and as Chief Justice of Bombay High Court, prior to being sworn in as Supreme Court Judge on 12-12-2022.
“It will be essential for the Court to carefully assess the evidence presented, in order to determine whether there is sufficient material to establish the intention and knowledge to insult the modesty of the complainant or, whether any act was intended to shock the sense of decency of the complainant being a woman”.
“While it is true that principles of natural justice supplement, and not supplant, the law, such principles have been declared by the Court to be a constituent feature of Article 14. Validity of any disciplinary action, whenever questioned, has to be tested on the touchstone of Articles 14, 16 and 21 as well as Article 311(2), wherever applicable.”
“It is well settled that no word, no phrase and no expression used in a legislation should be excluded as surplusage, while the Courts embark on a course of interpretation.”
The Court said that Section 143 of the Railways Act, 1989 by being completely silent on creation of multiple user IDs, penalises the actions of only the unauthorised agents.
In the impugned decision, the High Court framed points for the Inquiry Officer to determine the matter and laid down the procedure, the Court held that the High Court overstepped its limits and took unto itself a duty which the Act entrusts the statutory authority to exercise.
“The true thrust of every selection process ought to be to find out and select suitable candidates, having experience in the related work and fulfilling other criteria, from among eligible candidates and to go ahead with appointing the more meritorious of those found suitable”.
“To assume that the minorities of the country require some ‘safe haven’ for attaining education and knowledge is wholly incorrect. The minorities of the country have not just joined the mainstream but comprise an important facet of the mainstream itself.”
The Supreme Court issued practice direction to be followed by all litigants who propose to file special leave petitions both in civil and criminal matters with effect from 20-08-2024.
Should the Court find the instrument to be chargeable with duty, but it is either not stamped or is insufficiently stamped, it is bound by Section 33 of the Karnataka Stamp Act, 1957 to impound the same. Section 34 also places a fetter on the Court’s authority to admit an instrument which, though chargeable with duty, is not duly stamped.
“Any undue indulgence and latitude to the ED will be deleterious to the constitutional values of rule of law and life and liberty of persons. An officer cannot be allowed to selectively pick and choose material implicating the person to be arrested. They have to equally apply their mind to other material which absolves and exculpates the arrestee.”
Supreme Court directed the parties to maintain status quo regarding possession, change of land use, and creation of third-party rights till fresh acquisition proceedings are completed
Hemant Soren was arrested on 31-01-2024 and resigned from the post of Chief Minister of Jharkhand on the same day.
Supreme Court added that if the payment of Rs.10 crores along with interest as directed, is not refunded within six months from the date of this order, SECI will be entitled to recover Rs. 10 crores plus interest as per the provisions of the Electricity Act, 2003.
Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989 provides that “no candidate shall be eligible for appointment to the service who has more than two children on or after 01-06-2002”.
Justice Dipankar Datta was born on 09-02-1965 in a Bengali family. He served as a Judge in Calcutta High Court, and as Chief Justice of Bombay High Court, then he was sworn in as Supreme Court Judge on 12-12-2022 by Dr Justice D.Y. Chandrachud, the Chief Justice of India.
“No tribunal, far less a civil court, in exercise of judicial power ought to play ducks and drakes with the rights of the parties.”