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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.
C P C

Leave to defend–Refusal of–Where leave to defend the leave refused in a summary suit, the consequences of passing a decree cannot be avoided. Leave to defend–Refusal of–Where an appeal lies under Section 96 of the Code, ordinarily an application under Article 227 of the Constitution would not be maintainable.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 476 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju  Civil Appeal No. 230 of 2007…

Matrimonial

Cruelty–Inference–Where there is a proof of a deliberate course of conduct on the part of one, intended to hurt and humiliate the other spouse, and such a conduct is persisted, cruelty can easily be inferred–Neither actual nor presumed intention to hurt the other spouse is a necessary element in cruelty.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 456 IN THE SUPREME COURT OF INDIA  Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice A.K. Mathur Civil Appeal No. 5779 of 2006…

Service Matters
Service

Service Law–Parallel proceedings–Departmental Enquiry and Criminal Proceedings–There would be no bar to proceed simultaneously with departmental enquiry and trial of a criminal case unless the charge in the criminal trial is of grave nature involving complicated question of fact and law.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 433 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar…

Service Matters
Service

Service Law —‘Scaling system’ for recruitment of Civil Judge (Junior Division)—Clearly demonstrate the arbitrariness and irrationality of scaling—Scaling system is unsuited for the Civil Judge (Junior Division) Examination—Position summarized. Contention that a writ petition under Article 32 is barred or not maintainable with reference to an issue which is the subject-matter of an earlier decision, is rejected.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 405 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice Y.K. Sabharwal The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice R.V.…

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