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Tuesday, December 24, 2024

whether s.56(2) of the Electricity Act, 2003 has application to a demand raised by appellants-distributor on the first respondent for recovery of sums payable under the Electricity Act, 1910 and, whether demand, if it be treated as one under the 1910 Act, is sustainable having regard to long delay.

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[2024] 11 S.C.R. 340 : 2024 INSC 829 The Madhya Pradesh Madhya Kshetra Vidyut Vitran Company Limited & Ors. v. Bapuna Alcobrew Private L...

Service law – Recruitment – Recruitment to the posts of Lower Division Clerk-LDC in the Kerala Water Authority – Notification by Kerala Public Service Commission-KPSC – Qualification prescribed was Certificate in Data Entry and Office Automation from the named Institute or from similar/equivalent government approved institution – Stand of KPSC, in the earlier round that DCA was not a qualification to be considered eligible for appointment to the post of LDC – However, later, KPSC adopted a stand that a higher qualification was not barred, and considered candidates with DCA/higher qualification also while preparing the probability list – Candidates with Diploma in Computer Applications-DCA/higher qualifications, if eligible for appointment to the post of LDC: Held: A State instrumentality seized of the solemn responsibility of making selections to public services must maintain a high standard of probity and transparency and is not expected to remain nebulous as to its norms or resort to falsehoods before the Court, contrary to what it had stated in its earlier sworn affidavits – KPSC, with its vacillating and dithering stance, largely responsible for this long-pending litigation, impacting the lives, hopes and aspirations of nearly twelve hundred candidates – KPSC, changed its stance, without any foundational inquiry to determine the superiority of the so-called higher qualifications over the prescribed qualification – It was a purely whimsical and arbitrary exercise of discretion on its part without actual application of mind as per required parameters – KPSC to desists, from trifling with the lives, hopes and aspirations of candidates who seek public employment – Furthermore, on basis of the Rules of 2011 and the Notification, it is clear that a Certificate in Data Entry and Office Automation from a Government approved similar/equivalent institution would be valid – Equivalence is, not of the qualification itself but of the institution from which the said Certificate in Data Entry and Office Automation is obtained – Thus, no error committed by the Division Bench of the High Court in confirming the view taken by the Single Judge of the High Court, non-suiting candidates with DCA/higher qualifications who aspired for selection to the post of LDC – Kerala Water Authority (Administrative, Ministerial and Last Grade) Service Rules, 2011. [Paras 15-17, 21, 25, 27, 28]

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[2024] 11 S.C.R. 325 : 2024 INSC 828 Anoop M. and Others v. Gireeshkumar T.M. and Others Etc. (Civil Appeal Nos. 12173-12174 of 2024) 04 Nov...

Hindu Succession Act, 1956 – s.14 – Clarity and certainity in interpretation: Held: This Court noticed that while following Tulsamma, the subsequent decisions in Thota Sesharathamma, Masilamani Mudaliar and Shakuntala Devi have made passing observations about the discordant note in the case of Karmi, Bhura and Gumpha but they have not been clearly and categorically overruled – Perhaps this is the reason why the subsequent decisions consistently followed the idea in Karmi and enunciated different principles in the subsequent decisions of Gumpha, Sadhu Singh and that perspective continued on its own strength – This Court having realised that there are a large number of decisions which are not only inconsistent with one another on principle but have tried to negotiate a contrary view by distinguishing them on facts or by simply ignoring the binding decision – This Court is of the view that there must be clarity and certainty in the interpretation of Section 14 of the Act – In view of the above, the Registry is directed to place the order of this Court along with the appeal paper book before the Hon’ble Chief Justice of India for constituting an appropriate larger bench for reconciling the principles laid down in various judgments of this Court and for restating the law on the interplay between sub-section (1) and (2) of Section 14 of the Hindu Succession Act. [Paras 23, 24 and 25]

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[2024] 12 S.C.R. 500 : 2024 INSC 945 Tej Bhan (D) Through Lr. & Ors. v. Ram Kishan (D) Through Lrs. & Ors. (Civil Appeal No. 6557 of...