vested right - The Legal Chamber

The Supreme Court held that a deed assigning a decree for specific performance of a sale agreement concerning immovable property does not require mandatory registration under Section 17(1)(e) of the Registration Act, 1908. This is because such a decree does not itself create, assign, or extinguish any right, title, or interest in the immovable property; it merely confers a right to seek performance through court execution. Facts Of The Case: The appellants are the legal heirs of a judgment-debtor against whom an ex-parte decree for specific performance of a sale agreement concerning immovable property was passed on 13.09.1993. The first respondent, Shanmugam, claimed to be the assignee of this decree by virtue of an assignment deed dated 17.07.1995. In 2004, the assignee filed an e...

The Supreme Court held that a candidate in the reserved panel (waitlist) has no vested right to appointment once the selected candidates join their posts. A legal concession made before a tribunal cannot bind the authorities if it contravenes statutory recruitment rules or extends the life of a waitlist indefinitely. Facts Of The Case: The case originated from a 1997 recruitment drive by All India Radio, Eastern Zone, for three Technician posts reserved for Scheduled Castes. The respondent, Subit Kumar Das, was placed at Serial No. 1 in the Reserved Panel (waitlist). All three selected candidates joined their posts, so the waitlist was not operated. In 1999, during litigation before the Central Administrative Tribunal (CAT), the appellants (Union of India) gave a statement that the r...

Tag: vested right

Supreme Court: Decree for Specific Performance Does Not Create Title, So Assignment Deed Need Not Be Registered

Supreme Court: No Absorption for Waitlisted Candidate After Recruitment Process Ends