Mr. Dinkar Gupta was appointed as Director General of Punjab Police – HELD when a person takes a chance and participates, thereafter he cannot, because the result is unpalatable, turn around to contend that the process was unfair or the selection committee was not properly constituted. In case where the petitioner had appeared at an open interview, as the Appellant too had taken a calculated chance in spite of the stakes, that too without protest, and then has belatedly raised the plea of bias and prejudice only when he was not recommended.
SUPREME COURT OF INDIA FULL BENCH MOHD. MUSTAFA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao, Sanjiv Khanna and B.R. Gavai, JJ.…
Qualifications/conditions for selection to the post of Anganwadi Sevika – Clause 3(E) – Appointment – Post of Anganwadi Sevika – No distinction can be drawn between a married daughter and unmarried daughter for the purpose of considering the eligibility as per the guidelines
SUPREME COURT OF INDIA DIVISION BENCH KUMARI REKHA BHARATI — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ.…
Service Law – Promotion – Requirement of passing of SAS Part II examination for the promotion from the post of Superintendent (D/A) to the post of AAO (Assistant Accounts Officers) only and consequently shall not be applicable for promotion to the post of AO (Accounts Officers)
SUPREME COURT OF INDIA DIVISION BENCH RAMESH KUMAR AND OTHERS ETC. — Appellant Vs. STATE OF HIMACHAL PRADESH AND OTHERS ETC. — Respondent ( Before : M.R. Shah and Sanjiv…
Held, Merely having an explicit clause may not be sufficient to make time the essence of the contract – As the contract was spread over a long tenure, the intention of the parties to provide for extensions surely reinforces the fact that timely performance was necessary – Contractual clauses having extension procedure and imposition of liquidated damages, are good indicators that ‘time was not the essence of the contract’
SUPREME COURT OF INDIA DIVISION BENCH WELSPUN SPECIALTY SOLUTIONS LIMITED (FORMERLY KNOWN AS REMI METALS GUJARAT LIMITED) — Appellant Vs. OIL AND NATURAL GAS CORPORATION LIMITED — Respondent ( Before…
Service Law – Appointment – There cannot be appointment of two persons on one sanctioned post – There will be financial burden on the State of two persons on one sanctioned post.
SUPREME COURT OF INDIA DIVISION BENCH WAHAB UDDIN AND OTHERS — Appellant Vs. KM. MEENAKSHI GAHLOT AND OTHERS — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. )…
Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Arbitration Appeal – Jurisdiction of High Court – Jurisdiction in a first appeal arising out of a decree in a civil suit is distinct from the jurisdiction of the High Court under Section 37 of the 1996 Act arising from the disposal of a petition challenging an arbitral award under Section 34 of the 1996 Act
SUPREME COURT OF INDIA DIVISION BENCH PUNJAB STATE CIVIL SUPPLIES CORPORATION LIMITED AND ANOTHER — Appellant Vs. M/S RAMESH KUMAR AND COMPANY AND OTHERS — Respondent ( Before : Dr.…
Consumer Protection Act, 1986 – Repudiation of claim – When the appellant was aware of the earlier insurance policy obtained from IFFCO-TOKIO by the respondent, there was no reason for not asking for such hydrology data of the previous year – As such, it cannot be said that there was non-disclosure of hydrology data or any fraud from the side of the respondent, as is projected by the appellant so as to repudiate the claim – There was no non-disclosure or fraud, as pleaded by the appellant to repudiate the claim – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH THE ORIENTAL INSURANCE CO. LIMITED — Appellant Vs. MALANA POWER COMPANY LIMITED — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ.…
Real Estate ( R and D ) Act, 2016 – S 3(1) – Prior registration of real estate project with Real Estate Regulatory Authority – HELD its application is retroactive in character and the projects already completed or to which the completion certificate has been granted are not under its fold and therefore, vested or accrued rights, if any, in no manner are affected. It will apply after getting the ongoing projects and future projects registered under Section 3 to prospectively follow the mandate of the Act .
SUPREME COURT OF INDIA FULL BENCH M/S. NEWTECH PROMOTERS AND DEVELOPERS PRIVATE LIMITED — Appellant Vs. STATE OF UP AND OTHER ETC — Respondent ( Before : Uday Umesh Lalit,…
(CrPC) – S 482 – (IPC) – S 385 – Extortion – When a specific role was attributed to the accused, the High Court could not have quashed the FIR under Section 482 of the CrPC – cannot place reliance on a “draft charge-sheet” which is yet to be placed before the Magistrate to quash the criminal proceedings under Section 482.
SUPREME COURT OF INDIA DIVISION BENCH JITUL JENTILAL KOTECHA — Appellant Vs. STATE OF GUJARAT AND OTHERS ETC — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V. Nagarathna,…
(IPC) – S 307 read with S 34 – Attempt to murder – Appeal against conviction and sentence – When the deadly weapon – dagger has been used, there was a stab injury on the stomach and near the chest which can be said to be on the vital part of the body and the nature of injuries caused, it is rightly held that the appellants have committed the offence under Section 307 IPC
SUPREME COURT OF INDIA DIVISION BENCH SADAKAT KOTWAR AND ANOTHER — Appellant Vs. THE STATE OF JHARKHAND — Respondent ( Before : M.R. Shah and S. Bopanna, JJ. ) Criminal…