Supreme court
No Universal Rule That Candidate With Qualification Higher Than Basic Eligibility For Post Must Be Preferred: Supreme Court
Though over-qualification by itself is not a disqualification, there is no general rule that candidates with qualifications higher than the basic qualification required for a post must be preferred, observed the Supreme Court in a judgment delivered today.The Court observed that there is no straight-jacket rule that candidates with higher qualifications must be selected over those with possessing the basic qualification. Each case will depend on its facts, the rules governing the selection...
Quasi-Judicial Bodies Bound By Principles Of Res Judicata : Supreme Court Reiterates
Observing that the quasi-judicial bodies are also bound by the principles of res-judicata to prevent re-litigation on the same issue, the Supreme Court set aside the Rajasthan High Court's order which had upheld the second order passed by the quasi-judicial body despite the first order passed by the quasi-judicial body was not followed and remained unchallenged. The bench comprising Justices Vikram Nath and Prasanna B Varale heard the case where the quasi-judicial body had relitigated the same...
S.34 CPC | In Commercial Transactions, Courts May Award Interest Higher Than 6% : Supreme Court
The Supreme Court on Tuesday (April 1) held that the Courts have the authority to determine the appropriate rate of interest to be awarded for decree amounts. The Court also have the discretion to decide from which date the interest is payable- whether from the date of the filing of the suit, from any date prior to it, or the date of decree.The Court observed that in the absence of an agreement between the parties regarding the rate of interest on delayed payment of amount in a...
Disciplinary Proceedings Can't Be Initiated Against Quasi-Judicial Officer Merely On Ground Of Passing Wrong Order : Supreme Court
The Supreme Court on Tuesday (April 1) quashed disciplinary proceedings initiated against a former Tehsildar, ruling that incorrect quasi-judicial orders alone, without allegations of malafides or extraneous influence, cannot justify disciplinary action.The Court stated that when the order was passed in good faith (though incorrect), it would not warrant initiating disciplinary proceedings against the quasi-judicial officer unless the order was influenced by extraneous factors or any form of...
S.319 CrPC | Additional Accused Can Be Summoned Based On Witness's Statement Without Cross-Examination : Supreme Court
The Supreme Court today (April 1) reaffirmed that a plea to summon an additional accused can rely on pre-trial evidence such as the unrebutted examination-in-chief of the witness without waiting for cross-examination to conclude.The bench comprising Justices Dipankar Datta and Manmohan heard the case where the trial court,citing prima facie involvement of the proposed accused persons based on the unrebutted testimony (examination-in-chief) of the Appellant-complainant, had allowed the...
Can Assistant Professors In Engineering Colleges Be Re-designated As Associate Professors Without PhD? Supreme Court Clarifies
The Supreme Court held that Assistant Professors in Engineering institutes(appointed after March 15, 2000), who did not have Ph.D qualification at the time of appointment or failed to acquire Ph.D within seven years of their appointment, cannot claim re-designation as Associate Professors in terms of the 2010 notification issued by the All India Council for Technical Education (AICTE).At the same time, the Court also held that teachers who were appointed in various Engineering institutes prior...
Supreme Court Upholds Piramal's Resolution Plan For DHFL, Sets Aside NCLAT Order
The Supreme Court today (April 1) approved the Resolution Plan proposed by Piramal Capita and Housing Finance for the erstwhile Dewan Housing Finance Corporation Ltd(DHFL).The Court held that funds recovered from the fraudulent transactions at Dewan Housing Finance Corporation Ltd (DHFL) will go to Piramal Capital & Housing Finance Ltd.The Court set aside the NCLAT order, which directed...
'Shocks Our Conscience' : Supreme Court Asks UP Authority To Pay Rs 60 Lakh Compensation For Illegal Demolition Of Houses
The Supreme Court has directed the Prayagraj Development Authority to pay Rs. 10 lakh each in compensation to six individuals whose houses were illegally demolished, calling the action “inhumane and illegal.”“The authorities and especially the development authority must remember that the right to shelter is also an integral part of Article 21 of the Constitution of India…Considering...
Difference Between FIR Registration Provisions Under S. 154 CrPC & S. 173 BNSS: Supreme Court Explains
The Supreme Court recently explained the difference between the provisions governing the registration of a First Information Report (FIR) and the conduct of preliminary inquiry under CrPC and its replacement Bharatiya Nagarik Suraksha Sanhita.The Court observed that while Section 173(1) of BNSS is substantially similar to Section 154 CrPC regarding the recording of information, the...
S.482 CrPC/S.528 BNSS | No Absolute Bar On High Court Quashing FIR At Nascent Stage Of Investigation: Supreme Court
The Supreme Court recently observed that there is no absolute rule preventing a High Court from quashing an FIR by exercising its power under Section 482 of CrPC and its equivalent Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), merely because the investigation is at a nascent stage.“There is no absolute rule that when the investigation is at a nascent stage, the High Court...