A Candidate with Higher Qualifications Has No Right to Be Considered for a Post Requiring Lower Qualifications

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When a post is specifically intended for candidates possessing lower educational qualifications, allowing a person with higher qualifications to secure such employment would deprive a genuinely eligible and deserving candidate of the opportunity, the Supreme Court observed in General Manager (HR) & Anr v. K. Poovarasan [2026 INSC 581].

Suit for Damages for Malicious Prosecution Abates When Defendant Dies

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A claim for damages arising from malicious prosecution does not survive against the legal heirs of a defendant who dies during the pendency of the trial. Under the long-standing common law maxim actio personalis moritur cum persona (a personal right of action dies with the person), actions for personal torts—such as malicious prosecution and defamation—abate entirely upon the death of either the plaintiff or the defendant.

Pension amount Liable to Be Attached or Seized Once It Reaches His Bank Account

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The Supreme Court, in Union of India v. Radha Kissen Agarwalla and Anr [1969 AIR 762] and in Union of India v. Jyoti Chit Fund & Finance [AIR 1976 SC 1163], consistently held that pension and provident fund amounts retain statutory protection only till they are actually paid to the employee, and that once received, they can be subjected to attachment.

Common Areas in Flat Complexes Cannot be Sold under Real Estate (Regulation and Development) Act

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In the landmark case of Nahalchand Laloochand v. Panchali Co-op Housing Society [2010 INSC 563], the Supreme Court ruled that open or stilt parking spaces are "common areas" intended for the use of all residents. Consequently, these spaces cannot be sold as independent units. In practice, these areas must be handed over to the housing society and shared among the apartment owners.