Supreme Court issues directions for voters flagged in West Bengal Special Intensive Revision (SIR)
“It appears that approximately 1.40 crore individuals have been issued notices for the purpose of document verification.”
Justice Dipankar Datta
Wait-listed candidate has no vested right to appointment beyond the statutory life of reserve list: Supreme Court
“The judiciary would do well to remain circumspect of these practical realities, and interpret service rules in a manner that furthers the very object of a selection process, that is, the selection of the most suitable candidates from suitable candidates for appointment in a timely manner.”
S. 3 Judges (Inquiry) Act 1st proviso doesn’t negate individual authority of Parliament; Art. 32 remedy confined only to fundamental rights enforcement: SC
“Constitutional safeguards for Judges cannot come at the cost of paralysing the removal process itself. The first proviso must, therefore, be construed to balance prescribed protection with the effective functioning of the mechanism for removal of a Judge from office triggered by the peoples’ representatives, and not to frustrate it altogether.”
Landowners in Joint Development Agreement not “Consumer”; May approach Civil Court: SC upholds NCDRC’s order
Supreme Court granted liberty to the appellants to institute a civil suit with entitlement to claim exemption from limitation under Order VII Rule 6 CPC read with the Limitation Act, 1963.
Mere pendency of appeal does not excuse non-payment of rent: Supreme Court confirms Willful Default
In the present case, the lessee challenged the fixation of fair rent but did not seek a stay of its operation before the appellate or revisional for a.
Strong directions by Court without notice to parties creates chilling effect on prospective litigants: Supreme Court sets aside directions for vigilance enquiry
Litigants might fear that seeking justice through the courts could leave them in a worse position than they were in before initiating legal proceedings. This could seriously impact access to justice and consequently the very rule of law.
Article 226 cannot be invoked to quash FIR, once cognizance of offence has been taken; remedy under Section 528 BNSS can be availed: Supreme Court
In the present case, the High Court could have examined the petitioner’s grievance, since it is evident from the petition, that the petitioner sought to invoke the twin jurisdiction under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR.
An overview of Supreme Court decision mandating Aspiring and In-service Teachers to qualify the TET
“TET is indeed a qualification, necessary to be held by a person seeking appointment as a teacher in a school. Only upon a person obtaining such qualification can he become eligible for appointment as a teacher”.
In-House Procedure for inquiry into judicial misconduct is not a removal mechanism; much less an extra-constitutional mechanism: Supreme Court
The Court found the provision in paragraph 7(ii) of the Procedure requiring the CJI to write to the President and the Prime Minister along with the report of the Committee to be in order, legal and valid.
‘Fraud is an exception to doctrine of merger’: Supreme Court recalls its own judgment obtained by fraud
The application of the doctrine of merger, in every case, shall be accompanied by an awareness of its limitations and shall not be wielded to close avenues for addressing genuine concerns. Prioritizing justice and fairness shall supersede an absolute insistence on finality.
Section 197(1) CrPC available only to public servants whose appointing authority is Central or State Government; Deputation does not dissolve public servant status: SC reiterates
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.
Principle of ‘over-qualification is not disqualification’ cannot be put in a straitjacket imposing rigid rules or norms: SC
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.
Compassionate appointment to be considered in “hand-to-mouth” cases where family struggles to pay basic expenses, if other conditions are satisfied: SC
“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.”
Know Thy Judge| Supreme Court of India: Justice Dipankar Datta
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.
‘Filthy language’ examined in isolation without any context indicating intention to insult modesty, doesn’t fall under S. 506 IPC: SC
“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”.
‘Government officials stooped too low to punish a senior doctor on the verge of retirement’; SC sets aside penalty of 2% pension cut imposed in disciplinary action
“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.”
SC interprets eligibility criteria for promotion to Associate Professor in medical teaching; discusses interplay between executive orders and KS & SSR Rules
“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.”
Section 143 of Railways Act doesn’t criminalise creating multiple user IDs and unauthorised actions of the authorised agents: SC
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.
Inquiry Officer can continue Eviction proceedings by upholding natural justice principles in absence of regulations under Section 105H of MMC Act: SC
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.
Can’t deny benefit of ‘experience mark’ to former outsourced employee merely because they weren’t appointed on sanctioned post: SC
“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”.