Service Law – Teacher is entitled to get the benefits of enhanced age of superannuation of 65 years at par with his counterpart teachers serving in Government Colleges and Universities – Teacher shall be entitled to all consequential and monetary benefits including the arrears of salaries and allowances for the intervening period, as if he would have been retired at the age of 65 years
SUPREME COURT OF INDIA DIVISION BENCH DR. JACOB THUDIPARA — Appellant Vs. THE STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : M. R. Shah and B.V. Nagarathna,…
HELD Scope of judicial inferences by High court or Tribunals are based on Wednesbury case, (1948) 1 KB 223, it was observed that when a statute gave discretion to an administrator to take a decision, the scope of judicial review would remain limited.
SUPREME COURT OF INDIA DIVISION BENCH ANIL KUMAR UPADHYAY — Appellant Vs. THE DIRECTOR GENERAL, SSB AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…
HELD the ground on which the High Court had allowed the review applications was thereafter not available. Under the circumstances, and in view of the subsequent development, which was even pointed out to the High Court while filing the recall application being CMA No. 23091/2017, the order(s) passed by the High Court in Review Petition Nos. 309/2008 and 310/2008 deserve(s) to be quashed and set aside. All appeals allowed.
SUPREME COURT OF INDIA DIVISION BENCH SH. RAM CHANDER (DEAD) THR LRS — Appellant Vs. UNION OF INDIA — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…
HELD It is not in dispute that the appointment of all the applicants/respondents/teachers have been made directly by the respective Management without following the procedure as prescribed under the Rules/Statute. It is a trite law that the appointments made in contravention of the statutory provisions are void ab initio.
SUPREME COURT OF INDIA DIVISION BENCH STATE OF ODISHA AND OTHERS ETC. ETC. — Appellant Vs. SULEKH CHANDRA PRADHAN ETC. ETC. — Respondent ( Before : L. Nageswara Rao and…
Medical Negligence – Merely because doctors could not save the patient, that could not be considered to be a case of post operative medical negligence – A medical practitioner is not to be held liable simply because things went wrong
SUPREME COURT OF INDIA DIVISION BENCH DR. (MRS.) CHANDA RANI AKHOURI AND OTHERS — Appellant Vs. DR. M.A. METHUSETHUPATHI AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay…
Constitution of India , 1950 – Article 300A – Right of a person under Article 300A of the Constitution of India to have the Voluntary Retirement Scheme (VRS) benefit to be given on accurate assessment thereof, the employer here being a public sector unit.
SUPREME COURT OF INDIA DIVISION BENCH SHANKAR LAL — Appellant Vs. HINDUSTAN COPPER LIMITED AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Aniruddha Bose, JJ. )…
It is possible that a false complaint may have been lodged at the behest of a political opponent. However, such possibility would not justify interference under Section 482 of the Cr.P.C. to quash the criminal proceedings
SUPREME COURT OF INDIA DIVISION BENCH RAMVEER UPADHYAY AND ANOTHER — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Indira Banerjee and A.S. Bopanna, JJ. )…
Consumer Protection Act, 1986 – Section 14(1) – Sale of Goods Act, 1930 – Section 2(7) – Manufacturer defect – Failure to provide an airbag system which would meet the safety standards as perceived by a carbuyer of reasonable prudence, should be subject to punitive damages which can have deterrent effect.
SUPREME COURT OF INDIA DIVISION BENCH HYUNDAI MOTOR INDIA LIMITED — Appellant Vs. SHAILENDRA BHATNAGAR — Respondent ( Before : Vineet Saran and Aniruddha Bose, JJ. ) Civil Appeal No.…
Contempt Petition – Non-compliance of directions – Builder is guilty of delaying the construction by not taking suitable steps in complete disobedience of the orders passed by this Court based on its undertaking – Contempt Petition is closed with liberty to the tenants/occupants to approach this Court in case of non-compliance of the directions.
SUPREME COURT OF INDIA DIVISION BENCH JAGDISH MAVJI TANK (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. HARRESH NAVNITRAI MEHTA AND OTHERS — Respondent ( Before : L. Nageswara Rao…
Only 10% of the cadre strength of District Judges be filled up by Limited Departmental Competitive Examination with those candidates who have qualified service of 7 years [(5 years as Civil Judge (Junior Division) and 2 years as Civil Judge (Senior Division) or 10 years qualifying service as Civil Judge(Junior Division).
SUPREME COURT OF INDIA FULL BENCH ALL INDIA JUDGES ASSOCIATION AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao, B.R. Gavai…