In State of Orissa & Anr. v. Mamta   Mohanty, (2011) 3 SCC 436, this Court has held that any   appointment made in contravention of the statutory requirement i.e. eligibility,   cannot be  approved and once an appointment is bad at its inception, the   same cannot be preserved, or protected, merely because a person has been   employed for a long time.
contact for clarification or assistance at talha (at) talha (dot) in
Search The Civil Litigator
Thursday, December 13, 2012
Wednesday, December 12, 2012
the Government land and/or Panchayat land is normally required to be disposed of by public auction.
As held by the Hon'ble Supreme Court in case   of Parashram Thakur Dass and Ors. v. Ram Chand and Ors. reported in   MANU/SC/0173/1982 : [1982]3SCR288 , Netai Bag and Ors.   v. The State of West Bengal and Ors. reported in   MANU/SC/0604/2000 : AIR2000SC3313 ., the Government land   and/or Panchayat land is normally required to be disposed of by public   auction. 
Friday, November 30, 2012
delay in delivery of judgment sufficient to set it aside
I (2000) SLT 370
(Equivalent Citation:- I (2000) CLT 268 (SC), 2000(2) SRJ 215, 2000 AIR(SC)
775, 2000(1) Scale 146, 2000(1) Supreme 209, 2000(1) SCR 254, 2000(2) SCC
13, 2000(1) JT 266)
:BHAGWANDAS FATECHAND DASWANI & ORS. v. H.P.A. INTERNATIONAL & ORS.
Delay in Delivery of Judgment : Sufficient to Set Aside Judgment under
Appeal -
(Equivalent Citation:- I (2000) CLT 268 (SC), 2000(2) SRJ 215, 2000 AIR(SC)
775, 2000(1) Scale 146, 2000(1) Supreme 209, 2000(1) SCR 254, 2000(2) SCC
13, 2000(1) JT 266)
:BHAGWANDAS FATECHAND DASWANI & ORS. v. H.P.A. INTERNATIONAL & ORS.
Delay in Delivery of Judgment : Sufficient to Set Aside Judgment under
Appeal -
Thursday, November 22, 2012
Appointment of ineligible candidate is void
State of Gujarat v. Arvindkumar T. Tiwari, (2012) 9 SCC 545 (Civil Appeal No. 6468 of 2012, decided on September 14, 2012): 
Relaxation of eligibility criteria prescribed for post in question which stood vacated upon death of person who was employed on said post from family concerned on humanitarian grounds is impermissible. A person who does not possess requisite qualifications cannot even apply for recruitment since his appointment would be contrary to the statutory rules, and would therefore, be void in law. Lacking of eligibility for the post cannot be cured at any stage and appointing such a person would amount to a serious illegality and not mere irregularity. Moreover, such person cannot approach the court for any relief because he does not have enforceable right.
Relaxation of eligibility criteria prescribed for post in question which stood vacated upon death of person who was employed on said post from family concerned on humanitarian grounds is impermissible. A person who does not possess requisite qualifications cannot even apply for recruitment since his appointment would be contrary to the statutory rules, and would therefore, be void in law. Lacking of eligibility for the post cannot be cured at any stage and appointing such a person would amount to a serious illegality and not mere irregularity. Moreover, such person cannot approach the court for any relief because he does not have enforceable right.
Thursday, November 15, 2012
Urgency clause invocation - Land Acquisition
Urgency clause cannot be lightly invoked
2012 (9) SCC SCALE 3
Bharat Sewak Samaj v. Liet. Governor
2012 (9) SCC SCALE 3
Bharat Sewak Samaj v. Liet. Governor
When a ground is not considered, high court to reconsider the judgment
Tamil Nadu Wakf Board v. Syed Abdul Quader, 2012 (10) SCALE 233 (Civil Appeal No. 2232-2233 of 2002) dated Oct 9, 2012
Subscribe to:
Comments (Atom)