Latest Post

Government Service — Recruitment — Challenge to Selection Process — A candidate who participates in a selection process without protest cannot challenge the rules or method of selection after being declared unsuccessful. Service Law — Recruitment and Appointment — Suppression of Criminal Antecedents — Candor and Integrity — Application forms (Attestation and Verification Forms) required disclosure of pending criminal cases — Applicant answered in the negative despite two criminal cases pending against him (Case Crime Nos. 198/2019 and 215/2018) — Non-disclosure was repeated (in both forms) and therefore held to reflect deliberate concealment/mal-intent, striking at the core of trust required for public service — Suppression was a violation of clear stipulations/disclaimers in the forms making concealment a disqualification/render applicant unfit for government service — Subsequent voluntary disclosure (via affidavit) or later acquittal/dropping of proceedings do not nullify the fact that candidate provided incorrect and false information at the time of filling the forms — High Court erred in overlooking the repeated concealment and calling the undisclosed information ‘of trivial nature’ — Cancellation of appointment upheld. (Paras 3, 6, 8, 9) Consumer Protection Act, 2019 — Section 71 — Execution of Order — Judgment Debtor Company — Liability of Directors/Promoters — Execution must strictly conform to the decree; it cannot be employed to shift or enlarge liability to bind persons who were neither parties to the decree nor otherwise legally liable thereunder — Where consumer complaints were consciously proceeded against the Company alone (Corporate Debtor), and directors/promoters were dropped as parties during admission/pre-adjudication stage (order unchallenged), the final order binds the Company exclusively, not the directors/promoters. (Paras 9, 10, 11, 12, 15, 23) Civil Procedure Code, 1908 (CPC) — Order 21 Rules 97 to 102 — Resistance and Obstruction to Execution of Decree for Possession — Adjudication of rights of obstructionists — Where transferees pendente lite obstruct execution of a decree for possession, the Executing Court must adjudicate the claim; if the obstructionist is found to be a transferee pendente lite, the scope of adjudication is limited to this fact, and such a transferee has no right to resist execution of the decree — The remedy for removal of obstruction is by application under Order 21 Rule 97 by the decree holder, followed by adjudication under Rule 98-101 (Maharashtra Amendment) which bars a separate suit. (Paras 53, 54, 55, 59, 65) Administrative Law — Competence of authorities — State Governments lack legislative competence to prescribe additional experience as an essential qualification for Drug Inspectors when the Central Government has already occupied the field.

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – if one of the two ingredients of Section 24(2) of the Act, 2013 is not met, there shall not be any deemed lapse of acquisition under Section 24(2) of the Act, 2013.

SUPREME COURT OF INDIA DIVISION BENCH GOVT. OF NCT DELHI AND ANOTHER — Appellant Vs. DINESH KUMAR AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ.…

Reservation – Domicile quota in B.Ed colleges – reservation in favour of residents is permissible, yet reservation to the extent of 75% of the total seats makes it a wholesale reservation to be unconstitutional and violative of Article 14 of the Constitution of India

SUPREME COURT OF INDIA DIVISION BENCH VEENA VADINI TEACHERS TRAINING INSTITUTE (RUN BY VEENA VADINI SAMAJ KALYAN VIKASH SAMITI) — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent…

(CrPC) – Ss 472 and 482 – Wakf Act, 1995 – Ss 3(ee) and 52A – Quashing of criminal complaint – Section 52A cannot cover cases where leases of wakf properties had expired in the past and where the tenant or lessee was, at the time the amendment of 2013 came into force, in physical possession and facing civil proceedings for eviction – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH P. V. NIDHISH AND OTHERS — Appellant Vs KERALA STATE WAKF BOARD AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and Dipankar…

HELD that if there is any tax concession, it “can be withdrawn at any time and no time limit should be insisted upon before it was withdrawn” – the respondents shall approach the jurisdictional commissioner, and apply with documentary evidence within six weeks from the date of this judgment. The claim for refund/credit, shall be examined on their merits,

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. COSMO FILMS LIMITED — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. )…

HELD there is no bar against conducting further investigation under Section 173(8) of the CrPC after the final report submitted under Section 173(2) of the CrPC has been accepted – Prior to carrying out further investigation under Section 173(8) of the CrPC it is not necessary that the order accepting the final report should be reviewed, recalled or quashed – Further investigation is merely a continuation of the earlier investigation the accused has not be heard.

SUPREME COURT OF INDIA DIVISION BENCH STATE THROUGH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. HEMENDHRA REDDY AND ANOTHER. ETC. — Respondent ( Before : Surya Kant and J.B. Pardiwala,…

Service Matters

HELD appellants had already got three promotions before they got themselves transferred to Kerala University. The salary drawn by them of the higher post was protected – special class of employees were already drawing salary of the higher post which in terms of the policy for inter-university transfer was protected, though they were placed at the bottom of the seniority at the entry level.

SUPREME COURT OF INDIA DIVISION BENCH SMT. SASIKALA DEVI. P — Appellant Vs. THE STATE OF KERALA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Enhancement clause clause does not talk about demand of additional price on account of any other factor specially the one raised in the present appeals, namely, on account of enhancement of compensation on account of acquisition of land for carving of the plots Held the price as negotiated between the parties is clearly mentioned in the letter of allotment and the same has to be read as part of the lease-cum-sale agreement – Appeal dismissed

SUPREME COURT OF INDIA DIVISION BENCH THE BELGAUM URBAN DEVELOPMENT AUTHORITY — Appellant Vs. DHRUVA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. )…

You missed