This page contains notable observations of different Courts of India and abroad which is a settled law now.
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
R.K. Garg vs. Union of India [(1981) 4 SCC 675]: Supreme Court of India There is always a presumption in favour of the constitutionality of a statute and the burden is upon him who attacks it to show that there has been a clear transgression of the constitutional principles 7. Now while considering the constitutional
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Goan Real Estate and Construction Limited & another vs. Union of India & others [(2010) 5 SCC 388]: Supreme Court of India Determination of whether a judgement will have prospective or retrospective effect 34. It is pertinent to note that while interpreting the judgment, public interest should be taken into consideration. In Managing Director, ECIL,
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Ch. Papanna vs. The Personnel Manager, State Bank [1995 (2) ALT 358]: Andhra High Court Over-qualification is not prescribed as a bar for consideration of appointment 17. Thus, it is manifest from the above decisions that where over-qualification is not prescribed as a bar for consideration of appointment and if the candidature is rejected on
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M.P. State Coop. Bank Ltd., Bhopal vs. Nanuram Yadav and Others [(2007) 8 SCC 264]: Supreme Court of India Principles to be noted in matter of public appointments 24. It is clear that in the matter of public appointments, the following principles are to be followed: (1) The appointments made without following the appropriate procedure
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Avitel Post Studioz Limited and vs Hsbc Pi Holding (Mauritius) [CIVIL APPEAL NO. 5145 OF 2016]: Supreme Court of India Principles apply in assessing the damages payable where the plaintiff has been induced by a fraudulent misrepresentation to buy property 19. In this judgment of Lord Browne-Wilkinson, a useful summary of the principles that apply
Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., [(2010) 8 SCC 24]: Supreme Court of India Categories of cases are normally considered to be not suitable for ADR process 27. The following categories of cases are normally considered to be not suitable for ADR process having regard to their nature: (i) Representative suits
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Food Corporation of India vs. Cletus [MANU/KE/0799/2007]: Kerala High Court Scope of Article 226 is limited and court is not expected to make a roving enquiry on appointments 8. Zonal officers who manned the offices at the relevant time had exercised their discretion in a particular manner, some refusing the request for relaxation of educational
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