larger bench - The Legal Chamber

This Supreme Court judgment holds that the Teacher Eligibility Test (TET) is a mandatory qualification for the appointment and promotion of all teachers under the RTE Act. However, the Bench expressed doubts about the correctness of the precedent in Pramati which exempts all minority institutions from the RTE Act, and has referred this specific constitutional question for reconsideration by a larger bench. Facts Of The Case: This set of civil appeals originated from conflicting judgments of the Bombay and Madras High Courts concerning the applicability of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, and specifically the Teacher Eligibility Test (TET), to minority educational institutions. The appellants included minority educational institutions, state authorit...

The Supreme Court examined the validity of documents executed by a Power of Attorney (PoA) holder under the Registration Act, 1908. It held that a PoA holder remains an agent, not an "executant" under Section 32(a), and must comply with Sections 32(c), 33, 34, and 35 for authentication. The court disagreed with the earlier Rajni Tandon ruling, emphasizing that a PoA holder cannot bypass statutory scrutiny while executing or presenting documents for registration. The issue was referred to a larger bench for clarity. Facts Of The Case: The case revolves around the validity of an Irrevocable General Power of Attorney (GPA) dated 15.10.1990, allegedly executed by Ranveer Singh and his wife, Gyanu Bai, in favor of their tenant, G. Rajender Kumar. Using this GPA, Rajender Kumar executed three ...

Tag: larger bench

Supreme Court Overrules Precedent on Power of Attorney Validity in Property Sales