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Saturday, July 19, 2014

Judgment becomes binding immediately, no communication from Government is required

AIR 1995 All 152, Para 7  Dr Rohit Gupta v. SN Medical College

 

Wednesday, July 16, 2014

Difference between locus and right of impleadment

U.P. Awas Evam Vikas Parishad v. Gyan Devi, (1995) 2 SCC 326 at page 358

37…. Between the locus and right of impleadment there is a world of difference. The two cannot be equated. A person having locus may not be denied appearance but a person who is necessary party cannot be denied impleadment. The former is permissive, the latter is mandatory. A local body may have locus to appear for the limited purpose but once it opts to keep out it cannot claim to be necessary party whose non-impleadment renders the proceedings invalid.

 

Friday, July 4, 2014

Complexity of a decision-making process cannot be a defence when a grievance is made before the Court by a citizen that his fundamental right to equality has been violated

C.M. Thri Vikrama Varma v. Avinash Mohanty, (2011) 7 SCC 385 at page 396

26. In our view, complexity of a decision-making process cannot be a defence when a grievance is made before the Court by a citizen that his fundamental right to equality has been violated. When such a grievance is made before the Court, the authorities have to justify their impugned decision by placing the relevant material before the Court.