Regularization of services–Qualification–Respondents, did not possess the minimum prescribed qualification–Appointment was in contravention of the Cadre and Recruitment Rules–Tribunal rightly rejected the applications for regularization.
2010(1) LAW HERALD (SC) 699 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Dr. Justice Mukundakam Sharma Civil Appeal Nos. 819-851 of 2010…
Attachments of properties–Properties dervied from or used in commission of offences and acquired from criminal activities are not to be attached.
2010(1) LAW HERALD (SC) 695 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Surinder Singh Nijjar Criminal Appeal Nos. 891-893 Of…
Selection–Appointment–Waiting list etc. cannot be used as a reservoir, to fill up the vacancy which comes into existence after the issuance of notification/advertisement–Unexhausted select list/waiting list becomes meaningless and cannot be pressed in service any more.
2010(1) LAW HERALD (SC) 689 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice Deepak Verma The Hon’ble Mr. Justice Dr.…
Services of respondent teachers terminated on the ground that they had absented from duties without informing the Management–Management had not followed proper procedure in terminating services of respondents–Reason for termination of services was not that they were unqualified or untrained teachers but that they had absented from duties–Assuming that they had absented from duties even then admittedly procedure laid down under Clause 13 and 18 of Schedule ‘F’ of the Bombay Primary Education Rules, 1949 had to be followed before terminating their services–Tribunal was justified in ordering reinstatement with full salary and allowances
Shantiniketan Hindi Primary School v. Pal Hariram Ramavtar 2010(1) LAW HERALD (SC) 686 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice…
Dowry Prohibition Act, 1961, S. 4–Penal Code, 1860, S. 498-A and 304-B–Evidence Act, 1872, S. 113-B–Dowry Death–Cruelty–Demand of Dowry–Essential ingredients :- (i) Death is caused in unnatural circumstances. (ii) Death must have occurred within seven years of the marriage of the deceased. (iii) It needs to be shown that soon before her death, the deceased was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry.
2010(1) LAW HERALD (SC) 681 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice H.L. Dattu Criminal Appeal No. 160 Of 2006…
Removal from service–Non-supply of relevant documents–Copies of the documents which formed the foundation of the charge sheet against the respondents have been denied to the respondent on the lame excuse–proceedings vitiated been conducted in complete violation of principles natural justice.
2010(1) LAW HERALD (SC) 671 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 254 of…
Constitution of India, 1950, Art. 311–Delhi School Education Act, 1973, S. 8 & 12–Vires of–Unaided minority institution–Section 8(1), (3), (4) and (5) of the Act do not violate the right of the minorities to establish and administer their educational Institutions–However, Section 8(2) interferes with the said right of the minorities and is, therefore, inapplicable to private recognized aided/unaided minority educational institutions
2010(1) LAW HERALD (SC) 661 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice Dr. B.S. Chauhan Civil Appeal No. 5508 of…
Constitution of India, 1950, Art. 16–Delhi Higher Judicial Service Rules, 1970, Rule 10–Appointment–District Judge in Delhi–In case the statutory rules prescribe a particular mode of selection, it has to be given strict adherence accordingly–In case, no procedure is prescribed by the rules and there is no other impediment in law, the competent authority while laying down the norms for selection may prescribe for the tests and further specify the minimum Bench Marks for written test as well as for viva-voce.
2010(1) LAW HERALD (SC) 656 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice Deepak Verma The Hon’ble Mr. Justice Dr.…
Compensation–Disbursement of compensation–Four problems frequently faced in motor accident claim cases under the Motor Vehicles Act, 1988 – First problem relates to a section of motor accident victims who are doubly unfortunate – first in getting involved in an accident, and second, in not getting any compensation– Second problem relates to the widespread practice of using goods vehicles for passenger traffic. 3.Third problem relates to the procedural delays in adjudication/settlement of claims by Motor Accidents Claims Tribunals. 4.Full compensation amount does not reach and benefit the victims and their families, particularly those who are uneducated, ignorant, or not worldly-wise.
2010(1) LAW HERALD (SC) 647 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice Dr. Mukundakam Sharma The Hon’ble Mr. Justice K.S.…
Adverse possession–Encroachers, unauthorised occupants or land grabbers–Where an encroacher, illegal occupant or land grabber of public property raises a plea that he has perfected title by adverse possession, the Court is duty bound to act with greater seriousness, care and circumspection–Any laxity in this regard may result in destruction of right/title of the State to immovable property and give upper hand to the encroachers, unauthorised occupants or land grabbers.
2010(1) LAW HERALD (SC) 630 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal No. 1569 of…