Public Employment – Non Disclosure Of Criminal Case –Broad-brushing every non-disclosure as a disqualification, will be unjust and the same will tantamount to being completely oblivious to the ground realities obtaining in this great, vast and diverse country. Each case will depend on the facts and circumstances that prevail thereon, and the court will have …
Food Safety and Standards Act, 2006; Section 89,59 – Indian Penal Code, 1860; Section 272,273 – Section 89 of the FSSA, Section 59 will override the provisions of Sections 272 and 273 of the IPC. (Para 21) Interpretation Of Statutes- If the main Section is unambiguous, the aid of the title of the Section or …
Service Law – Service jurisprudence must begin and end with rules that govern the process of qualification, recruitment, selection, appointment and conditions of service. Appointments to these posts are in the nature of ‘status’, which means that the service and its conditions can be unilaterally changed by the amendment of the Rules. The first duty …
Vidya K vs State Of Karnataka 2024 INSC 137 :: [2024] 2 S.C.R. 713- Service Law Read More »
Judicial Review – The scope of judicial review in examining the policy matters is very limited. The Courts do not and cannot examine the correctness, suitability or appropriateness of a policy, nor are the courts advisors to the executive on the matters of policy which the executive is entitled to formulate. The Courts cannot direct …
Enemy Property – The Custodian for Enemy Property in India, in whom the enemy properties vest including the subject property, does not acquire ownership of the said properties. The enemy properties vest in the Custodian as a trustee only for the management and administration of such properties -The Central Government may, on a reference or …
Contempt application preferred by the appellant alleging non-compliance of order was dismissed by Jharkhand HC – Allowing appeal, SC held: The respondents have failed to faithfully comply with the orders passed by the Jharkhand High Court as well as this Court. 30. As a consequence, it is hereby directed that the appellant shall be entitled …
Domco Smokeless Fuels Pvt Ltd vs State Of Jharkhand 2024 INSC 133 – Contempt Read More »
Directions issued by in the Judgment reported in Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51 – States, Union Territories, High Courts, Union of India, CBI and NALSA to file their updated compliance affidavits on the above referred aspects within a period of 8 weeks from today, and the learned Amicus …
Satender Kumar Antil vs Central Bureau Of Investigation 2024 INSC 134 Read More »
Contract Law – Interpretation of Contractual Terms – Once the parties committed themselves to a written contract, whereby they reduced the terms and conditions agreed upon by them to writing, the same would be binding upon them. In the event such a written contract provided for the consequences that are to follow in the event …
Code of Criminal Procedure, 1973; Section 319 –Discretionary powers under Section 319 of the CrPC ought to have been used sparingly where circumstances of the case so warrant – crucial test to be applied is one which is more that prima facie case as exercised at the time of framing of charge, but short of …
Summary : Challenge against electoral malpractices by the presiding officer who conducted the election to the post of Mayor at the Chandigarh Municipal Corporation – Result of the election as declared by the Presiding Officer shall stand quashed and set aside -The appellant, Kuldeep Kumar, is declared to be the validly elected candidate for election …
Kuldeep Kumar vs UT Chandigarh 2024 INSC 129 :: [2024] 2 S.C.R. 693 – Mayor Elections – Read More »