AIR 1995 All 152, Para 7 Dr Rohit Gupta v. SN Medical College
contact for clarification or assistance at talha (at) talha (dot) in
Search The Civil Litigator
Saturday, July 19, 2014
Judgment becomes binding immediately, no communication from Government is required
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.