Important Judgments Supreme Court of India December 5, 2018

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Important Judgment Supreme Court of India December, 2018

1. Sanjay Kumar Jha v. Prakash Chandra Chaudhary

Constitution of India – Article 226 – In proceedings under Article 226 of the Constitution of India the High Court does not adjudicate, upon affidavits, disputed questions of fact.
Constitution of India – Article 226 – the High Court cannot sit as a Court of Appeal over the findings recorded by a competent administrative authority, nor reappreciate evidence for itself to correct the error of fact, that does not go to the root of jurisdiction. 
Constitution of India – Article 226 – The High Court does not ordinarily interfere with the findings of fact based on evidence and substitute its own findings. 

2. Vivek Mudgil v. State of U.P.

Intermediate Education Act 1921 – U.P. Secondary Education Services Selection Board Act, 1982 – 10 years of teaching experience is necessary qualification for appointment to the post of Principal.

3. Viran Gyanlal Rajput v. State of Maharashtra

Penal Code, 1860 – Ss. 302 & 201 – Protection of Children from Sexual Offences Act, 2012 – Ss. 10 & 4 – dastardly nature and manner of the crime – rarest of rare case – balancing approach of such aggravating and mitigating circumstances.

4. Sqn. Ldr. (Retd). Navtej Singh v. Union of India

Armed Forces Tribunal Act, 2007 – Ss. 30 r/w. 31(2) – Whether “marriage of the petitioner with M can be recognized for purposes of grant of post-retirement benefits, medical facilities and family pension etc. –  Court directs the respondents to include the names of the wife and daughter of the appellant in the Service Certificate at least from the date of his release or retirement and direct the respondents to extend to the wife and the daughter of the appellant all such benefits which a spouse and children of a retired officer would be entitled.

5. S.C. Singh v. State of Uttarakhand

Education Law – University Grants Commission – College Development Council (CDC) – Tenure of the Director of the CDC – Tenure Limitation – Revised Guidelines for the Establishment of College Development Council in Universities issued by the UGC for the establishment of the CDC – tenure limitation applies to every person who is appointed to the post.

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