Supreme court
Landlord-Tenant Relationship Ends Only With Eviction Decree; Mesne Profits To Be Calculated From Decree Date: Supreme Court
The Supreme Court recently observed that under the Maharashtra Rent Control Act, 1999, it is the settled law that the relationship of landlord and tenant comes to an end only upon the passing of the decree of eviction.“As the decree of eviction was passed under the Maharashtra Rent Control Act, 1999, the settled position of law is that only on the decree of eviction being passed,...
Appointment To Public Posts Cannot Be Done On Hereditary Basis : Supreme Court
The Supreme Court recently ruled against the hereditary appointments in the public service. The Court said that the appointment to the public posts cannot be done on hereditary basis, and such an appointment violates Articles 14 and 16 of the Constitution.Holding so, the bench comprising Justice Dipankar Datta and Justice Manmohan upheld the Patna High Court's decision which had struck down...
Writ Courts Can Suo Motu Strike Down Subordinate Legislation Which Violates Fundamental Rights & Biding Precedents : Supreme Court
The Supreme Court recently held that Writ Courts have the authority to exercise suo motu powers to strike down subordinate legislation if it violates fundamental rights enshrined in the Constitution, rendering it void and unconstitutional.The Court observed that it saw no reason to not concede the power to suo motu declare a subordinate legislation invalid, on the ground of its being...
Death Penalty In Child Rape-Murder Case Set Aside; Supreme Court Flags Illegal Admission Of Confession, Lapses In DNA Evidence
The Supreme Court recently overturned the conviction of a man accused of raping and causing the death of a minor, observing that the trial was conducted in a flawed and irregular manner. The Court noted that the trial judge had improperly allowed the investigating officer to narrate the accused's confessional statements during his examination-in-chief and admitted those statements...
'Eligibility Cut-Off Is Application Deadline When Not Specified' : Supreme Court Grants Relief To D.El.Ed Candidates Of 2020-22 In WB
The Supreme Court granted relief to several candidates who pursued the Diploma in Elementary Education (D.El.Ed) course in the 2020-2022 batch in West Bengal by overturning a Calcutta High Court judgment which held them ineligible to apply for the post of Assistant Teachers in primary schools.The High Court had held that since these candidates had not obtained the course completion...
Section 18 Of Limitation Act Applies To Public Premises Act : Supreme Court
In a case involving liability for demand raised under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, the Supreme Court recently applied Section 18 of the Limitation Act and granted benefit of extension of limitation to the lessor noting that there was acknowledgement of liability by the licensee within the limitation period of 3 years."The respondents cannot argue that...
Specific Performance Suit Not Maintainable For Cancelled Sale Agreement Without Seeking Declaration Against Cancellation : Supreme Court
The Supreme Court held that a suit for the specific performance of an agreement to sell, filed after its cancellation, is not maintainable unless it includes a prayer for declaratory relief (under Section 34 Specific Relief Act) challenging the validity of the cancellation.The Court reasoned that declaratory relief challenging the validity of the cancellation was essential when seeking...
Excess Payments To Employee Can't Be Recovered When There Was No Fraud Or Misrepresentation: Supreme Court
The Supreme Court has reiterated that excess payment made to an employee cannot be recovered if such payment was not on account of any fraud or misrepresentation on the part of the employee. Also, excess payment to the employee due to any wrong application of the rule or incorrect calculation on the part of the employer is not recoverable.A bench comprising Justice PS Narasimha and...
Even As We Near 80 Yrs Of Independence, Not Enough Public Jobs Generated For Eligible Candidates : Supreme Court
The Supreme Court recently highlighted the scarcity of government jobs and the hardships faced by deserving candidates unable to secure employment due to limited opportunities. “Even as we near 80 (eighty) years of independence, generating enough jobs in the public sector to absorb those eager to enter public service remains an elusive goal. While there is no dearth of eligible candidates...
Supreme Court Directs CEC To Probe Violations Of Forest & Wildlife Laws In Tamil Nadu's Agasthyamalai Landscape
Concerned over encroachments and depleting forest cover in Tamil Nadu's Agasthyamalai landscape, the Supreme Court directed the Central Empowered Committee (CEC) to survey the area and report violations of laws like the Forest Conservation Act, 1980 and Wildlife (Protection) Act, 1972. "Needless to say, that the forests form the lungs of the ecosystem, and any depletion/destruction of...
Teacher In-Service As On Aug 10, 2017 With 18-Month D.El.Ed. From NIOS Before Apr 1, 2019 'At Par' With 2-Yr Diploma Holder: SC
Dealing with the issue of eligibility for teacher recruitment process in West Bengal, the Supreme Court today held that any teacher who was in-service as on 10.08.2017 and who acquired the Diploma In Elementary Education (D. El. Ed.) qualification through National Institute of Open Schooling's (NIOS) 18-months programme prior to 01.04.2019 is a valid diploma holder and at par with a teacher...