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Constitution of India, 1950 — Article 19(1)(d), Article 21 — Fundamental Right to Walk — The right to walk is a fundamental right integral to the right to movement under Article 19(1)(d), read with other provisions of Article 19 and Article 21 — This fundamental right includes the right to demarcated footpaths, which must take precedence over the movement of motorised vehicles Civil Procedure Code, 1908 (CPC) — Order 21 — Execution proceedings — High Court’s directions for assessment of compensation in execution proceedings — Held, impermissible when original suit did not seek compensation and parties did not consent — Setting aside of trial court and first appellate court decrees, followed by direction to execute court to assess value of construction, is not supported by CPC Delhi Municipal Corporation Act, 1957 — Section 59(d), 92 and 95(1) — Delhi Municipal Corporation Service (Control and Appeal) Regulations, 1959 — Regn. 7, Schedule — Disciplinary Authority — Competency of Commissioner to dismiss Group ‘A’ Officer — Substitution of Section 59(d) by Delhi Municipal Corporation (Amendment) Act, 1993, w.e.f. 01.10.1993 — Legislative Intent — Post-1993 amendment, the Commissioner is put in complete control both as the appointing authority and the disciplinary authority — Phrase “subject to any regulation that may be made in this behalf” used in Section 59(d) refers to regulations that may be made in future and not the existing 1959 Regulations — Commissioner held fully competent to pass dismissal orders against Group ‘A’ officers despite old regulations naming the ‘Corporation’ as the disciplinary authority. Constitution of India, 1950 — Art. 16 and 226 — Public Employment — Direct Recruitment — Eligibility Criteria — Workshop Experience — Pendency of workshop renewal applications — Effect on candidates — Where a recruitment notification mandates a minimum of one year of experience in a Government-approved workshop, candidates cannot be prejudiced or disqualified merely because the workshop’s application for renewal of approval was pending with the State authorities during the period they gained experience — Depriving an otherwise eligible candidate of employment due to an administrative “period of eclipse” or delay on the part of state machinery is arbitrary and discriminatory–Ashok Kumar Yadav v. State of Haryana, 1985 INSC 137, relied on; State of Uttar Pradesh v. Atul Kumar Dwivedi, 2022 INSC 24, Distinguished. Right to Information Act, 2005 — S. 24(4) — Madhya Pradesh Special Police Establishment Act, 1947 — S. 2(1), S. 3 — “Intelligence and Security Organisation” — Scope and Applicability of Exemption — Jurisdiction of Special Police Establishment (SPE) — The expression “intelligence and security organisations” under Section 24 of the RTI Act implies that the concerned entity must be statutory or institutionally empowered to handle matters of intelligence and national/state security — The Special Police Establishment (SPE) of Madhya Pradesh, established under Section 2(1) of the Act of 1947, is clothed with a limited jurisdiction restricted strictly to investigating offences punishable under the Prevention of Corruption Act, 1988, and select economic/fraud offenses under Sections 409, 420, and Chapter XVIII of the Indian Penal Code — Because neither the Lokayukt nor the SPE handles matters connected to general ‘intelligence’ and ‘security’, the SPE cannot be deemed an “intelligence and security organisation” under Section 24(4) of the RTI Act — Principle of institutional parity cannot be invoked to grant blanket exemptions to a anti-corruption investigation agency.
Constitution of India, 1950 — Article 19(1)(d), Article 21 — Fundamental Right to Walk — The right to walk is a fundamental right integral to the right to movement under Article 19(1)(d), read with other provisions of Article 19 and Article 21 — This fundamental right includes the right to demarcated footpaths, which must take precedence over the movement of motorised vehicles
Constitution
Constitution of India, 1950 — Article 19(1)(d), Article 21 — Fundamental Right to Walk — The right to walk is a fundamental right integral to the right to movement under Article 19(1)(d), read with other provisions of Article 19 and Article 21 — This fundamental right includes the right to demarcated footpaths, which must take precedence over the movement of motorised vehicles
Civil Procedure Code, 1908 (CPC) — Order 21 — Execution proceedings — High Court’s directions for assessment of compensation in execution proceedings — Held, impermissible when original suit did not seek compensation and parties did not consent — Setting aside of trial court and first appellate court decrees, followed by direction to execute court to assess value of construction, is not supported by CPC
C P C
Civil Procedure Code, 1908 (CPC) — Order 21 — Execution proceedings — High Court’s directions for assessment of compensation in execution proceedings — Held, impermissible when original suit did not seek compensation and parties did not consent — Setting aside of trial court and first appellate court decrees, followed by direction to execute court to assess value of construction, is not supported by CPC
Delhi Municipal Corporation Act, 1957 — Section 59(d), 92 and 95(1) — Delhi Municipal Corporation Service (Control and Appeal) Regulations, 1959 — Regn. 7, Schedule — Disciplinary Authority — Competency of Commissioner to dismiss Group ‘A’ Officer — Substitution of Section 59(d) by Delhi Municipal Corporation (Amendment) Act, 1993, w.e.f. 01.10.1993 — Legislative Intent — Post-1993 amendment, the Commissioner is put in complete control both as the appointing authority and the disciplinary authority — Phrase “subject to any regulation that may be made in this behalf” used in Section 59(d) refers to regulations that may be made in future and not the existing 1959 Regulations — Commissioner held fully competent to pass dismissal orders against Group ‘A’ officers despite old regulations naming the ‘Corporation’ as the disciplinary authority.
Service
Delhi Municipal Corporation Act, 1957 — Section 59(d), 92 and 95(1) — Delhi Municipal Corporation Service (Control and Appeal) Regulations, 1959 — Regn. 7, Schedule — Disciplinary Authority — Competency of Commissioner to dismiss Group ‘A’ Officer — Substitution of Section 59(d) by Delhi Municipal Corporation (Amendment) Act, 1993, w.e.f. 01.10.1993 — Legislative Intent — Post-1993 amendment, the Commissioner is put in complete control both as the appointing authority and the disciplinary authority — Phrase “subject to any regulation that may be made in this behalf” used in Section 59(d) refers to regulations that may be made in future and not the existing 1959 Regulations — Commissioner held fully competent to pass dismissal orders against Group ‘A’ officers despite old regulations naming the ‘Corporation’ as the disciplinary authority.
Constitution of India, 1950 — Art. 16 and 226 — Public Employment — Direct Recruitment — Eligibility Criteria — Workshop Experience — Pendency of workshop renewal applications — Effect on candidates — Where a recruitment notification mandates a minimum of one year of experience in a Government-approved workshop, candidates cannot be prejudiced or disqualified merely because the workshop’s application for renewal of approval was pending with the State authorities during the period they gained experience — Depriving an otherwise eligible candidate of employment due to an administrative “period of eclipse” or delay on the part of state machinery is arbitrary and discriminatory–Ashok Kumar Yadav v. State of Haryana, 1985 INSC 137, relied on; State of Uttar Pradesh v. Atul Kumar Dwivedi, 2022 INSC 24, Distinguished.
Service
Constitution of India, 1950 — Art. 16 and 226 — Public Employment — Direct Recruitment — Eligibility Criteria — Workshop Experience — Pendency of workshop renewal applications — Effect on candidates — Where a recruitment notification mandates a minimum of one year of experience in a Government-approved workshop, candidates cannot be prejudiced or disqualified merely because the workshop’s application for renewal of approval was pending with the State authorities during the period they gained experience — Depriving an otherwise eligible candidate of employment due to an administrative “period of eclipse” or delay on the part of state machinery is arbitrary and discriminatory–Ashok Kumar Yadav v. State of Haryana, 1985 INSC 137, relied on; State of Uttar Pradesh v. Atul Kumar Dwivedi, 2022 INSC 24, Distinguished.
Consumer

Railway Theft of Luggage- the theft of the articles of the complainant happened solely on account of the deficiency on the part of the Indian Railways in rendering services to him by not deputing a TTE to remain present in the coach throughout the journey—Award of compensation by for a below upheld.

Dec 26, 2017 sclaw

(2017) 1 ConLT 63 : (2017) 1 LawHerald(SC) 172 NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION GENERAL MANAGER (GENERAL) NORTHERN RAILWAY — Appellant Vs. LAKHANJI PURWAR — Respondent ( Before : Mr. Justice V.K. Jain,…

Consumer

Insurance company contended that deceased was suffering from hypertension and same was known to him before talking policy but place no evidence in this regard opinion given by panel doctor and government doctor that the fall was on account of hypertension, seems to be quite a remote possibility—Award of compensation upheld.

Dec 25, 2017 sclaw

(2017) 1 ConLT 83 : (2017) 2 CPJ 149 : (2017) 1 CPR 217 : (2017) 1 LawHerald(SC) 185 : (2017) NCJ 621 NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION UNITED INDIA INSURANCE CO. LTD. —…

Property Matters

Transfer of Property Act, 1882, S. 58(e)—Mortgage by conditional sale—Sale deed executed does not contain stipulation that it was condition sale—However, agreement executed on same day contained the stipulation that if loan amount is paid then seller can get its land back—Since agreement and sale deed were executed on same date so they have to be read together

Dec 25, 2017 sclaw

(2017) 169 AIC 41 : (2017) 120 ALR 213 : (2017) 1 ApexCourtJudgments(SC) 252 : (2017) 1 ARC 15 : (2017) 1 BBCJ 214 : (2017) 1 CalLJ 101 :…

Preventive Detention

Preventive detention-It is clear that each ‘basic fact’ would constitute a ground and particulars in support thereof or the details would be subsidiary facts or further particulars of the basic facts which will be integral part of the ‘grounds’ – There is an infringement of Article 22(5) of the Constitution

Dec 25, 2017 sclaw

(2017) 99 ACrC 325 : (2017) 171 AIC 143 : (2017) AIR(SCW) 230 : (2017) 1 AIRBomR(Cri) 519 : (2017) AIR(SC) 230 : (2017) 1 AllCrlRulings 833 : (2017) AllSCR(Crl)…

Will & Succession

Testamentary suit–An appeal under Section 384 of Succession Act is a regular appeal and all questions are open to urge before appellate Court. Appeal–In an appeal from a decision of Single Judge of High Court in First appeal, a Division Bench has power to consider all questions whether of facts or of law, which could be raised before a Single Judge-

Dec 20, 2017 sclaw

2008(1) LAW HERALD (SC) 463 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Appeal (civil) 398 of 2008 Gaudiya…

You missed

Constitution

Constitution of India, 1950 — Article 19(1)(d), Article 21 — Fundamental Right to Walk — The right to walk is a fundamental right integral to the right to movement under Article 19(1)(d), read with other provisions of Article 19 and Article 21 — This fundamental right includes the right to demarcated footpaths, which must take precedence over the movement of motorised vehicles

Jun 23, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Order 21 — Execution proceedings — High Court’s directions for assessment of compensation in execution proceedings — Held, impermissible when original suit did not seek compensation and parties did not consent — Setting aside of trial court and first appellate court decrees, followed by direction to execute court to assess value of construction, is not supported by CPC

Jun 23, 2026 sclaw
Service

Delhi Municipal Corporation Act, 1957 — Section 59(d), 92 and 95(1) — Delhi Municipal Corporation Service (Control and Appeal) Regulations, 1959 — Regn. 7, Schedule — Disciplinary Authority — Competency of Commissioner to dismiss Group ‘A’ Officer — Substitution of Section 59(d) by Delhi Municipal Corporation (Amendment) Act, 1993, w.e.f. 01.10.1993 — Legislative Intent — Post-1993 amendment, the Commissioner is put in complete control both as the appointing authority and the disciplinary authority — Phrase “subject to any regulation that may be made in this behalf” used in Section 59(d) refers to regulations that may be made in future and not the existing 1959 Regulations — Commissioner held fully competent to pass dismissal orders against Group ‘A’ officers despite old regulations naming the ‘Corporation’ as the disciplinary authority.

Jun 18, 2026 sclaw
Service

Constitution of India, 1950 — Art. 16 and 226 — Public Employment — Direct Recruitment — Eligibility Criteria — Workshop Experience — Pendency of workshop renewal applications — Effect on candidates — Where a recruitment notification mandates a minimum of one year of experience in a Government-approved workshop, candidates cannot be prejudiced or disqualified merely because the workshop’s application for renewal of approval was pending with the State authorities during the period they gained experience — Depriving an otherwise eligible candidate of employment due to an administrative “period of eclipse” or delay on the part of state machinery is arbitrary and discriminatory–Ashok Kumar Yadav v. State of Haryana, 1985 INSC 137, relied on; State of Uttar Pradesh v. Atul Kumar Dwivedi, 2022 INSC 24, Distinguished.

Jun 16, 2026 sclaw