This page contains notable observations of different Courts of India and abroad which is a settled law now.
P. S. K. Singaravelu vs. The Secretary [W.P.No.19396 of 2016]: Madras High Court Ratification by definition means the making valid of an act already done and therefore, ratification assumes an invalid act which is retrospectively validated 23. Further, the orders passed by an authority could be ratified subsequently by the Governor, after issuance of the […]
Prashant Kumar Jaiswal and Ors. vs. State of U.P. and Ors. [MANU/UP/4124/2017]: Allahabad High Court What are the quintessential or indisputable elements of “equal opportunity”? 61. The validity of the submission of the respondents that any certificate irrespective of whether issued by a recognised body or not can be tested from another angle also. But
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Avitel Post Studioz Limited v. HSBC PI Holdings (Mauritius) Limited [Civil Appeal No. 5145 of 2016]: Supreme Court of India Principles for measuring damages for fraudulent misrepresentation by which a party to the contract is induced to enter into the contract 19. Now, as to the measure of damages for fraudulent misrepresentation by which a
Rekha v. Ratnashree [(2006) 1 MP LJ 103]: Madhya Pradesh High Court A registered sale-deed (or any other registered document) is not a public document but a private document 8. A deed of sale is a conveyance. A deed of conveyance or other document executed by any person is not an act nor record of
R. Viswanathan v. Rukn-ul-Mulk Syed Abdul Wajid, [(1963) 3 SCR 22]: Supreme Court of India When is an action and judgement in rem and personam Roman lawyers recognised a right either as a jus in rem or a jus in personam. According to its literal meaning “jus in rem” is a right in respect of
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Rajiv Kumar and Ors. vs. State of Haryana and Ors. [MANU/PH/1778/2010]: Punjab and Haryana High Court It is not for the Courts to undertake an exercise of equating one qualification with the other 13. On a broader principle also the petitioners would not be able to succeed. It is not for the Courts to undertake
Sri Kari Thimmarayaswamy Education Society vs. State of Karnataka [MANU/KA/0364/1990]: Supreme Court of India It is not necessary that the Government should demonstrate the basis for enhancement of the educational qualification 16. We are not concerned with a similar situation in the instant cases. What we are concerned with is the legality of the enhancement
The Inspector General of Prisions, Tiruchirapalli District vs. P. Marimuthu [MANU/TN/0700/2016]: Madras High Court Fixing eligibility for a particular post or even for admission to a course falls within the exclusive domain of the legislature/executive 33. In State of Gujarat v. Arvindkumar T. Tiwari, reported in MANU/SC/0742/2012 : (2012) 9 SCC 545, the Hon’ble Supreme
Chebrolu Leela Prasad Rao & Ors. vs. State of A.P. & Ors. [Civil Appeal No. 3609 of 2002]: Supreme Court of India A reservation that is permissible by protective mode, by making it 100 percent would become discriminatory and impermissible 134. A reservation that is permissible by protective mode, by making it 100 percent would
Sher Singh and Ors. vs. Dinesh Singh Charan and Ors [MANU/RH/1364/2017]: Rajasthan High Court The selection of the most suitable persons is essential in order to maintain excellence and the standard of teaching in the institution 34. Article 21A has been added by amending our Constitution with a view to facilitate the children to get
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