2025 SCC Vol. 1 Part 5
Advocates Act, 1961 — S. 24(1)(f) — Enrolment Fees: Charging of enrolment fees in excess of statutory stipulation under Advocates Act, 1961
Service Law
HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Delhi Riots; Bar Association Elections; Fake Anti-Cancer Drug; NOVARTIS Trade Mark; and more
A quick legal roundup to cover important stories from all High Courts this week.
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Khadi’s Device Mark; Police Protection for Live-In Couples; Wonderchef’s Reputation; and more
A quick legal roundup to cover important stories from all High Courts this week.
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Rapido’s Trade Mark; Magic Mushrooms; Cloud Particle Scam; Sky Force Movie; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Litigant cannot claim negative discrimination seeking direction to department to act in violation of statutory Rules’; SC rejects retired peon’s plea for promotion to Tracer post
The appellant’s case was that the similarly placed employees were promoted as Tracer from the post of Peon. Hence, looking at the discrimination, her case deserved to be considered.
‘Granting appointment out of turn would violate fairness & equality’; Bombay HC dismisses plea for compassionate appointment to waitlisted candidate
“The object of compassionate appointment is to relieve the hardship due to the death of a bread winner in the family and the appointment is provided to redeem the family in distress. At the same time, it is to be borne in mind that compassionate appointment cannot be construed as opening an alternative mode of recruitment to public employment.”
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Neeraj Bawania’s Bail; Rupali Ganguli’s Defamation Case; Mahindra Trademark Dispute; and more
A quick legal roundup to cover important stories from all High Courts this week.
Bombay HC rebukes Indian Overseas Bank for apathetic denial of employee’s request to forego her promotion to care for her disabled son
“We find that the Bank is no way going to be impacted, if the petitioner who has rendered 13 years of service with an unbleached record in Mumbai was brought back to the post of Clerk held by her in past.”
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Stories on Kareena Kapoor’s Copyright Infringment; Ladki Bahin Scheme; Bhopal Gas Tragedy Cleanup; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Union expected to be more careful while giving reasons to candidates for not being appointed’: Delhi High Court
‘Being careful while giving reasons to candidates for which they have not been appointed would help in avoiding such litigation which entails cost for candidates who may not be able to afford it.’
‘When a citizen wins a court ruling, others in similar circumstances should automatically benefit’: SC grants permanent commission to woman Army officer
Supreme Court reiterated that where a citizen aggrieved by an action of the government department has approached the court and obtained a declaration of law in his/her favour, others similarly situated ought to be extended the benefit without the need for them to go to court.
SC imposes Rs 50,000 cost on Central Govt. for challenging grant of LFP to a soldier’s widow
The Court said that Government should have been sympathetic to the widow of a deceased soldier who died in harness instead of dragging her to the Court.
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”.
2024 SCC Vol. 9 Part 2
Civil Procedure Code, 1908 — S. 20 — Civil suit — Maintainability — Issue of territorial jurisdiction — Adjudication of, as preliminary issue
Reliance on oral instructions may lead to factual errors; Parties must furnish accurate information to Court in writing: SC
“The Court should also pass orders only based on the written instructions, to enable it to fix the liability on the correct officials, responsible for any such wrongful representations/ instructions”.
SC dismisses petition regarding challenge to the appointment of Catering Supervisor made only on basis of interview marks
The respondent had filed original application before Central Administrative Tribunal challenging selection of Catering Supervisor based only on marks obtained in the interview and excluding marks of written test.
Delhi High Court stresses consistency in disciplinary actions for co-delinquents in employment misconduct; Upholds conversion of Bank Manager’s dismissal to compulsory retirement
Looking at the punishments awarded to the co-delinquents for same incidents/transactions and acts of connivance and testing the impugned action on the anvil of Article 14 as well as keeping in mind the long and unblemished spell of service of the respondent, save and except, the Single Judge was inclined to convert the punishment from ‘dismissal’ to one of ‘compulsory retirement’.
CASES REPORTED IN HCC | Case laws on Disproportionate punishment; Court monitored investigation; Patent illegality; Judicial Review; Arbitral Award; and more
An update on new addition of case laws to SCC’s High Court Cases (‘HCC’) volumes.
Decision to reduce employee’s pay scale and recover excess amount can’t be applied retrospectively after a long time gap: SC
The Court further stated that any step of reduction in the pay scale and recovery from a government employee would be like a punitive action because the same has drastic civil and evil consequences.
Bombay HC upholds rejection of compassionate appointment to deceased Junior Clerk’s son due to delayed application
The Court referred to Ahmednagar Mahanagar Palika v. Kamgar Union, (2022) 10 SCC 172, and State of West Bengal v. Debabrata Tiwari, 2023 SCC OnLine SC 219, wherein the Supreme Court held that the object of compassionate employment is to tide over a sudden crisis, and the application for grant of appointment on compassionate basis should not be considered after a prolonged delay; the sense of urgency should not be lost.