Right to Information Act, 2005, Section 8(1)(j) -- Exemption from disclosure of personal information - Income tax returns of an individual fall under personal information and would be exempted from disclosure u/s 8(1)(j) of the Act, as it does not fall under exception of larger public interest...........
Service -- Public recruitment - In matters of public recruitment, where large number of candidates participate, application forms are submitted online along with scanned eligibility documents, certificates, etc., such applications are processed through computer applications/software and therefore, any error in application is bound to result in rejection of candidature -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - S.311 Cr.P.C. makes it manifest that filing of an application by Public Prosecutor is not a precondition for exercise of powers u/s 311 Cr.P.C...........
Service -- Public employment - Grace, charity or compassion ought to stay at a distance in matters of public employment, if a fair level playing field is to be secured...........
Service -- Public employment - Merely because one belongs to backward community cannot be decisive factor for tilting scales - Boundaries for exercise of discretion are well carved out beyond which adjudicatory fora ought not to trench...........
Civil Procedure Code, 1908, Order 9, Rule 13, Succession Act, 1925, Section 372, 373 -- Succession certificate - Minor a legal heir not impleaded as a party and steps not taken to ensure appointment of a lawful guardian - On publication of public notice minor could not get himself impleaded as a party and raised objections being legally incapacitated from taking such steps..........
Defamation -- Suit for damages - Doctrine of qualified privilege - Litigant who approaches a judicial or quasi-judicial authority with a complaint against an Advocate cannot in the absence of malice be made liable for defamation merely because complaint was ultimately not accepted, particularly when complaint was made only to competent authority and cannot be regarded as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Central Service Co-operative Bank - Plea that Co-operative Bank does not fall within definition of `Banker' u/s 3 of the Act as it is not licensed by Reserve Bank of India - Supreme Court has emphatically held that essence of "banking" lies in the acceptance of deposits from the public repayable on..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Documents sought are certified copies of public documents i.e jamabandi and mutation - It cannot be presumed that these were not within knowledge of defendant - Application rightly dismissed...........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Declaration of public holiday - Expansion of list of gazetted holidays is a matter of administrative calibration and any indiscriminate addition would adversely impact governance and public productivity - Jurisdiction u/art 32 of Constitution is meant for enforcement of fundamental rights and cannot be expanded..........
