Section 9 - Maharashra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, OBCs and SBC (Regulation of Issuance and Verification of) Caste Certificates Act 2000 - Scope of powers of Caste Scrutiny Committee

Point

In this decision, the Hon'ble Bombay High Court ruled that the Caste Scrutiny, on it's own, does not have power to declare that a particular person belongs to a particular caste.

It is adequacy of evidence, placed on record, that decides whether a particular person belongs to a particular caste.  It only entitles the Caste Scrutiny Committee to validate / invalidate the caste certificate of such candidate accordingly.

Citation
2006 (6) ALL. M. R. 605

[ALL. M. R. = All Maharashtra Reports]

Constitution of India - Article 226 and 227 - Whether Court is a necessary party to the Writ Petition.

Supreme Court of India answered this question in the negative. 

Supreme Court of India ruled that unless allegations of personal bias are made against Presiding Officer  of the lower court, the court is NOT a necessary party.

A Court is not to be equated with a tribunal exercising quasi judicial powers.

See (1998) 5 SCC 749

Land Acquisition Act - Starting point of limitation

POINT

Land Acquisition Act- Section 18 (2)-Limitation for filing application for reference begins to run from the moment the notice under section12(2) is received or as envisaged by section 18(2)-Statutory operation of limitation does not depend on the ministerial act of communication of notice in any particular form.

CITATION

(2005) 7 SCC 440

(1995) 3 SCC 330

(1997) 9 SCC 710

Contempt of Court - Direction to consider

POINT
Court direction was to 'consider' employee's representation, which was duly complied with, though the representation was considered on merits. The employee, instead of assailing the representation in a fresh Writ Petition, filing a contempt petition.  - High Court directing that the employee be absorbed in a suitable post - Held, such an order was without jurisdiction and should not have been passed on a contempt petition which itself was not maintainable - High Court cannot give relief on merits especially if the contempt petition itself not maintainable.

PARTIES
Lalit Mathur vs. Maheshwara Rao

CITATION
(2000) 10 SCC 285

Administrative Tribunals - Nature, Powers and Jurisdiction clarified by Supreme Court

POINT

Administrative Tribunals constituted under the Administrative Tribunals Act, will function as the only court of first instance in respect of the areas of law for which they have been constituted.

Even where any challenge is made to the vires of legislation, excepting the legislation under which tribunal has been set up, in such cases also, litigants will not be able to directly approach the High Court 'overlooking the jurisdiction of the tribunal'

PARTIES

RAJEEV KUMAR -Vs.- HEMRAJ SINGH CHAUHAN

MODE OF CITATION

(2010) 4 SCC 554

COURT

Supreme Court of India

Maintenability of Letters Patent Appeal

POINT:        Letters Patent Appeal – Statement by a Single Judge that he has exercised powe under Article 227 of the Constitution of India cannot take away right of appeal against such judgment if power is otherwise found to have been exercised under Article 226 of the Constitution of India.

PARTIES:    
MODE OF CITATION:  (2004) 10 SCC 584


COURT WHICH DELIEVERED THE JUDGMENT:    SUPREME COURT OF INDIA

BENCH STRENGTH:

 
ABBREVIATIONS

SCC         : Supreme Court Cases

AIR        : All India Reporter

Mh. L. J.     : Maharashtra Law Journal

All. M. R.     : All Maharashtra Reports

B. L. R.         : Bombay Law Reports

Whether party to the case should suffer for mistake of lawyer ?

Point:    Party should not suffer for mistake of the Counsel

Parties: Rafiq -Vs.- Munshilal

Mode of Citation:    AIR 1981 SC 1400

Court:    SUPREME COURT OF INDIA

What is to be expected from Comtemner when it is impossible to comply with the order of the Court

Point:    Contempt of courts Act – Contemner expressing genuine difficulties with regard to the implementation of Court order – It is inadvisable to require compliance of an order impossible of compliance at the instance of person proceeding against for contempt.

Parties:    

Mode of Citation:    (1994) 4 SCC 34 = AIR 1994 SC 2252

Court: Supreme Court of India

Eviction of Tenant by Landlord

POINT:            C.P and Berar Rent Control Order 1949 – Landlord receiving rent irregularly – Cannot evict tenant suddenly.
PARTIES:        Rasik Lal  
MODE OF CITATION:    1989 Mh. L. J 207
COURT:        Bombay High Court (Nagpur Bench)
BENCH STRENGTH:  


ABBREVIATIONS
SCC         : Supreme Court Cases
AIR        : All India Reporter
Mh. L. J.     : Maharashtra Law Journal
All. M. R.     : All Maharashtra Reports
B. L. R.         : Bombay Law Reports

Duty of High Court

Point:     Non-consideration by High Court of certain key aspects of the matter having significant bearing on reliefs claimed in Writ Petition. Supreme Court remitted the matter back to High Court for reconsideration.


Parties:     Bindu Sehgal -Vs.- Union of India

Citation:   (2010) 4 SCC 543

Talk of the town

Where a subject is the talk of the town, then it cannot be presumed that the persons who could have known it, could not have knowledge about it.

Swaran Lata Vs. State of Haryana
(2010) 4 SCC 532

See para 11