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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 -

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.

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

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

Malice in law

Ravi Yashwant Bhoir v. District Collector, Raigad, 2012 (2) SCC 407

Website / newspaper is secondary evidence

Samant N. Balkrishna v. V. George Fernandes, (1969) 3 SCC 238

Wednesday, November 7, 2012

Recall application be filed only by the lawyer who had argued the case and not by subsequent counsel

Recall application be filed only by the lawyer who had argued the case and not by subsequent counsel

2006 9 ADJ 427