High Court in its revisional jurisdiction after taking into consideration the material on record, arrived to the conclusion that the delay of 175 days was bona fide and has been satisfactorily explained and allowed the application seeking condonation of delay of 175 days. In sequel thereof, the ex-parte decree was set aside and the matter was remitted back to the Rent Controller to hear the parties on merits.
SUPREME COURT OF INDIA DIVISION BENCH MRS. AMBIKA MURALI — Appellant Vs. TMT. VALLIAMMAL AND ANOTHER AND ETC. — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…
HELD the grievance of the respondent is not sustainable for the reason that the post of Assistant Public prosecutor is included in the Schedule appended to the Uttar Pradesh Transport (Subordinate) Prosecution Service Rules, 1979 (for short ‘the 1979 Rules’) which was published in the extraordinary Gazette on 27.07.1979 and in terms of Rule 5 of the 1979 Rules. Appeal Allowed
SUPREME COURT OF INDIA DIVISION BENCH STATE OF U.P. AND ANOTHER — Appellant Vs. SHYAM LAL JAISWAL — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. )…
Kerala Forest Act, 1961 – Section 27 – Illegal possession of sandalwood oil -HELD in holding that the presumption that the seizure of forest produce belonging to the State, automatically can result in a presumption of culpable mental state of the accused- in other words, that seizure of the goods ipso facto meant that the appellant had conscious knowledge about their illicit nature or origin, or that the accused’s inability to account for a transit pass, implied that they procured the goods illegally, thus attracting Section 27 – given that the appellants had furnished a series of documents explaining how they had sourced the oil in question – State’s absence of diligence in producing those materials (which were in its possession) and proving that they were without credibility, cannot result in a conviction – Appeal allowed
SUPREME COURT OF INDIA DIVISION BENCH BHARATH BOOSHAN AGGARWAL — Appellant Vs. STATE OF KERALA — Respondent ( Before : Indira Banerjee and S. Ravindra Bhat, JJ. ) Criminal Appeal…
If a person is acquitted giving him the benefit of doubt, from the charge of an offence involving moral turpitude or because the witnesses turned hostile, it would not automatically entitle him for the employment -HELD It is clear the respondent who wishes to join the police force must be a person of utmost rectitude and have impeccable character and integrity – A person having a criminal antecedents would not be fit in this category
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. METHU MEDA — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Civil Appeal…
Deficiency in service – In the absence of any proof of negligence on the part of the appellant at the time of loading of the consignment, the appellant cannot be held responsible if at the port of destination, the products specifications were not the same as certified by the appellant at the time of loading of consignment – In the absence of any clause in the contract to ensure that the goods consigned has to meet the products specifications at the time of loading of consignment, the appellant cannot be held liable for change in specifications of the agricultural produce at the destination port – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH SGS INDIA LIMITED — Appellant Vs. DOLPHIN INTERNATIONAL LIMITED — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil Appeal No.…
Compassionate appointment – Dependent/applicant cannot seek the appointment on compassionate ground on the higher post than what was held by the deceased employee as a matter of right, on the ground that he/she is eligible fulfilling the eligibility criteria of such higher post
SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTAR PRADESH AND OTHERS — Appellant Vs. PREMLATA — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil…
Partition – Joint family properties – Unregistered and unstamped family settlement “Khararunama” – Admissibility in evidence – HELD “Khararunama, being record of the alleged transactions, it may not require to be stamped. a document in the nature of a Memorandum, evidencing a family arrangement already entered into and had been prepared as a record of what had been agreed upon, in order that there are no hazy notions in future, it need not be stamped or registered.”
SUPREME COURT OF INDIA DIVISION BENCH KORUKONDA CHALAPATHI RAO AND ANOTHER — Appellant Vs. KORUKONDA ANNAPURNA SAMPATH KUMAR — Respondent ( Before : K.M Joseph and S. Ravindra Bhat, JJ.…
Inams Act is to the effect that nothing in the Act shall in any way be deemed to affect the application of the provisions of the Tenancy Act to any inam or mutual rights and obligations of Inamdar and his tenants, save insofar as the said provisions are in any way inconsistent with the express provisions of this Act. – Section 38-E of the Tenancy Act was inserted initially in the year 1954 and subsequently substituted in 1971 giving overriding effect to such provision. Therefore, an Inamdar under the Inams Act would not have any right of allotment of occupancy rights in view of overriding effect given to Section 38-E.
SUPREME COURT OF INDIA DIVISION BENCH THOTA SRIDHAR REDDY AND OTHERS — Appellant Vs. MANDALA RAMULAMMA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Hemant Gupta, JJ.…
Civil Contempt – Seniority list, which is purportedly published in accordance with the order of this Court, is totally in breach of the directions of this Court – A first glance at the list would reveal that various selectees, who have received much less marks, are placed above the selectees who have received higher marks – No hesitation to hold that the nine persons named in order, are guilty of having committed contempt of order of this Court.
SUPREME COURT OF INDIA DIVISION BENCH V. SENTHUR AND ANOTHER — Appellant Vs. M. VIJAYAKUMAR, IAS, SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION AND ANOTHER — Respondent ( Before : L.…
Only issue which is required to be considered is whether the arrears ought to have been restricted to three years preceding the filing of the writ petition? Every time the teachers were not supposed to approach the appropriate authority for getting the benefit as and when there is a revision of pay as per the pay commission recommendations. Appeal dismissed
SUPREME COURT OF INDIA DIVISION BENCH KERALEEYA SAMAJAM AND ANOTHER — Appellant Vs. PRATIBHA DATTATRAY KULKARNI (DEAD) THROUGH LRS AND OTHERS — Respondent ( Before : M.R. Shah and A.S.…