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Service Law — Recruitment and Appointment — Suppression of Criminal Antecedents — Candor and Integrity — Application forms (Attestation and Verification Forms) required disclosure of pending criminal cases — Applicant answered in the negative despite two criminal cases pending against him (Case Crime Nos. 198/2019 and 215/2018) — Non-disclosure was repeated (in both forms) and therefore held to reflect deliberate concealment/mal-intent, striking at the core of trust required for public service — Suppression was a violation of clear stipulations/disclaimers in the forms making concealment a disqualification/render applicant unfit for government service — Subsequent voluntary disclosure (via affidavit) or later acquittal/dropping of proceedings do not nullify the fact that candidate provided incorrect and false information at the time of filling the forms — High Court erred in overlooking the repeated concealment and calling the undisclosed information ‘of trivial nature’ — Cancellation of appointment upheld. (Paras 3, 6, 8, 9) Consumer Protection Act, 2019 — Section 71 — Execution of Order — Judgment Debtor Company — Liability of Directors/Promoters — Execution must strictly conform to the decree; it cannot be employed to shift or enlarge liability to bind persons who were neither parties to the decree nor otherwise legally liable thereunder — Where consumer complaints were consciously proceeded against the Company alone (Corporate Debtor), and directors/promoters were dropped as parties during admission/pre-adjudication stage (order unchallenged), the final order binds the Company exclusively, not the directors/promoters. (Paras 9, 10, 11, 12, 15, 23) Civil Procedure Code, 1908 (CPC) — Order 21 Rules 97 to 102 — Resistance and Obstruction to Execution of Decree for Possession — Adjudication of rights of obstructionists — Where transferees pendente lite obstruct execution of a decree for possession, the Executing Court must adjudicate the claim; if the obstructionist is found to be a transferee pendente lite, the scope of adjudication is limited to this fact, and such a transferee has no right to resist execution of the decree — The remedy for removal of obstruction is by application under Order 21 Rule 97 by the decree holder, followed by adjudication under Rule 98-101 (Maharashtra Amendment) which bars a separate suit. (Paras 53, 54, 55, 59, 65) Administrative Law — Competence of authorities — State Governments lack legislative competence to prescribe additional experience as an essential qualification for Drug Inspectors when the Central Government has already occupied the field. Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) — Section 12 — Constitutional Mandate — Free and Compulsory Education — Admission of children from weaker and disadvantaged sections — Obligation of “neighbourhood school” to admit twenty-five percent of class strength from weaker and disadvantaged sections (Section 12(1)(c)) is transformative, securing the preambular objective of ‘equality of status’ and the constitutional right under Article 21A, requiring effective implementation. (Para 1)

Service Law — Recruitment and Appointment — Suppression of Criminal Antecedents — Candor and Integrity — Application forms (Attestation and Verification Forms) required disclosure of pending criminal cases — Applicant answered in the negative despite two criminal cases pending against him (Case Crime Nos. 198/2019 and 215/2018) — Non-disclosure was repeated (in both forms) and therefore held to reflect deliberate concealment/mal-intent, striking at the core of trust required for public service — Suppression was a violation of clear stipulations/disclaimers in the forms making concealment a disqualification/render applicant unfit for government service — Subsequent voluntary disclosure (via affidavit) or later acquittal/dropping of proceedings do not nullify the fact that candidate provided incorrect and false information at the time of filling the forms — High Court erred in overlooking the repeated concealment and calling the undisclosed information ‘of trivial nature’ — Cancellation of appointment upheld. (Paras 3, 6, 8, 9)

Consumer Protection Act, 2019 — Section 71 — Execution of Order — Judgment Debtor Company — Liability of Directors/Promoters — Execution must strictly conform to the decree; it cannot be employed to shift or enlarge liability to bind persons who were neither parties to the decree nor otherwise legally liable thereunder — Where consumer complaints were consciously proceeded against the Company alone (Corporate Debtor), and directors/promoters were dropped as parties during admission/pre-adjudication stage (order unchallenged), the final order binds the Company exclusively, not the directors/promoters. (Paras 9, 10, 11, 12, 15, 23)

“It is therefore held that a fair investigation, which is but the very foundation of fair trial, necessarily postulates that the informant and the investigator must not be the same person. Justice must not only be done, but must appear to be done also.”

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION HEAD NOTE: The Court also noted that in a case like this with a reverse burden of proof, if the informant police official is himself carrying out…

V IMP ::: Motor Vehicles Act, 1988, S.166–Accident–Refund of excess amount paid-During appeal before High Court 80% of award by Tribunal was disbursed-High Court had reduced amount awarded by Tribunal and granted liberty to recover excess amount—However, in appeal Supreme Court enhanced the amount to some extend but was less than award of Tribunal-Supreme Court dismissed the appeal for refund of excess amount by exercising its jurisdiction under Art. 142

(2017) 175 AIC 265 : (2017) AllSCR 841 : (2017) 124 ALR 523 : (2017) 1 AnWR 436 : (2017) 2 ApexCourtJudgments(SC) 249 : (2017) 2 BBCJ 8 : (2017)…

Civil Procedure Code, 1908, O.41 R.23 and O.26 R.9–Remand of Case-Suit for declaration—Claim for ownership and possession in booth sites allotted by society-Having regard to the rival contentions of the parties claiming to be in possession, case remanded to trial court to appoint a Commissioner to get a report as to the location of the disputed sites and their physical features and other relevant facts and decide afresh.       

(2017) 174 AIC 62 : (2017) AIR(SCW) 1341 : (2017) AIR(SC) 1341 : (2017) 123 ALR 271 : (2017) 1 ARC 768 : (2017) 1 BBCJ 421 : (2017) 2…

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