Service Law – Appointment of Lecturers – Fixation of minimum marks – Advertisement clearly indicates that only those candidates who obtained 50% marks in Paper I and II would be eligible to take the test in Paper IIIHELD There were no minimum marks provided for Paper III in the advertisement. This could be done by the moderation committee even at a later stage. This is not a change brought about but an additional aspect brought in while determining the merit of the candidates who are found fit to be eligible for consideration for appointment of Lecturers
SUPREME COURT OF INDIA DIVISION BENCH JHARKHAND PUBLIC SERVICE COMMISSION — Appellant Vs. MANOJ KUMAR GUPTA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ.…
Consumer Law – Deficiency of service – Fraudulent transactions – Compensation – Liability – Denial of the compensation corresponding to the extent of the School’s loss, by the State Commission as well as by the NCDRC would not be justified – Respondent Bank should be directed to compensate the School to the tune of Rs. 25,00,000/- transferred until 9.9.2014, when the misappropriation was first detected
SUPREME COURT OF INDIA DIVISION BENCH DAV PUBLIC SCHOOL — Appellant Vs. THE SENIOR MANAGER, INDIAN BANK, MIDNAPUR BRANCH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…
Detention Order Cannot Be Based On ‘Stale & Irrelevant’ Incidents HELD The satisfaction to be arrived at by the detaining authority must not be based on irrelevant or invalid grounds. It must be arrived at on the basis of relevant material; material which is not stale and has a live link with the satisfaction of the detaining authority.
Detention Order Cannot Be Based On ‘Stale & Irrelevant’ Incidents: SC LIVELAW NEWS NETWORK 21 Dec 2019 2:27 PM The Supreme Court has observed that stale and irrelevant incidents cannot…
Disciplinary Proceedings Are Not Quasi Criminal In Nature, Says SC HELD Disciplinary proceedings are not quasi criminal in nature. A disciplinary inquiry is conducted by the employer to inquire into a charge or misconduct pertaining to a breach of the rules and regulations governing the service of the employer.
Disciplinary Proceedings Are Not Quasi Criminal In Nature, Says SC LIVELAW NEWS NETWORK 21 Dec 2019 3:10 PM The Supreme Court has observed that disciplinary proceedings are not quasi criminal…
Ex-Parte Order Of State Consumer Commission Can Be Challenged Before NCDRC HELD Section 21(a)(ii) does not state that appeals cannot be entertained against orders that have been passed ex parte. The plain and simple meaning of the said provision is that appeals will be entertained by the National Commission against any order passed by the State Commission.
Ex-Parte Order Of State Consumer Commission Can Be Challenged Before NCDRC: SC [Read Order] Ashok Kini 21 Dec 2019 5:36 PM The Supreme Court has held that an ex-parte order…
Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1985 – Rules 22 and 23 – Notification of Vacancies to the Employment Exchange – Appointment – There is no denial on the part of the respondents that the names were called from the Employment Exchange by the appointing authority before conducting the selection and the Employment Exchange had forwarded the twelve names which also included the name of appellant HELD appointment of the appellant cannot be said to have been made in disregard to the Rules
SUPREME COURT OF INDIA DIVISION BENCH RANA PRATAP SINGH — Appellant Vs. VITTIYA EVAM LEKHA ADHIKARI, DISTRICT BASIC EDUCATION OFFICER AND OTHERS — Respondent ( Before : Ashok Bhushan and…
Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Act, 1993 – Section 3 read with Section 4 – Civil Procedure Code, 1908 (CPC) – Order 7 Rule 6 – Claim for interest – Exemption – Proviso of Order VII Rule 6, which has been added by Act 104 of 1976, which provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint
SUPREME COURT OF INDIA FULL BENCH M/S SHANTI CONDUCTORS (P) LTD. — Appellant Vs. ASSAM STATE ELECTRICITY BOARD AND OTHERS — Respondent ( Before : Ashok Bhushan, S. Abdul Nazeer…
Constitution of India, 1950 – Article 14 – Claim for Selection Grade and Special Grade scales of pay – It is a settled legal proposition that Article 14 of the Constitution is not meant to perpetuate illegality or fraud, even by extending the wrong decisions made in other cases – The said provision does not envisage negative equality but has only a positive aspect
SUPREME COURT OF INDIA DIVISION BENCH P. SINGARAVELAN AND OTHERS — Appellant Vs. THE DISTRICT COLLECTOR, TIRUPPUR AND DT AND OTHERS — Respondent ( Before : Mohan M. Shantanagoudar and…
Puducherry Excise Act, 1970 – Section 10 – Puducherry Excise Rules, 1970 – Rule 122 and 209 – Shifting of shops – Expression ‘from one place to another’ is not restrictive, and does not curtail the power of the Licensing Authority to grant permission for shifting the licensed shop from one region to another in the Union Territory of Puducherry so long as the conditions stipulated by the Excise Act and Excise Rules, as also the conditions for grant of a license are complied with
SUPREME COURT OF INDIA DIVISION BENCH M/S CEE CEE & CEE CEE’S — Appellant Vs. K. DEVAMANI AND OTHERS — Respondent ( Before : Uday Umesh Lalit and Indu Malhotra,…
Penal Code, 1860 (IPC) – Sections 166, 165, 420, 468 and 471 – Prevention of Corruption Act, 1947 – Sections 5(1)(d) and 5(2) – Cheating – Appeal against conviction and sentence – Appellant knowing fully well that the invoices/bills were fake and fabricated, were presented on behalf of the firm to the bank and thus cheated the bank – Crime test requires to evaluate and provide adequate deference to factors such as role of the accused and his position within the rank of conspirators, among other things
SUPREME COURT OF INDIA FULL BENCH MAYANK N SHAH — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : N.V. Ramana, R. Subhash Reddy and B.R. Gavai,…