January 2025 - Supreme Court of India Judgements

January 25, 2025 1:34 am

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Jan 19, 2025 sclaw

2025 INSC 80 SUPREME COURT OF INDIA DIVISION BENCH U. SUDHEERA AND OTHERS Vs. C. YASHODA AND OTHERS ( Before : J.B. Pardiwala and R. Mahadevan, JJ. ) Civil Appeal…

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Jan 19, 2025 sclaw

2025 INSC 81 SUPREME COURT OF INDIA DIVISION BENCH BALBIR SINGH AND ANOTHER Vs. BALDEV SINGH (D) THROUGH HIS LRS AND OTHERS ( Before : J.B. Pardiwala and R. Mahadevan,…

Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Jan 17, 2025 sclaw

2025 INSC 72 SUPREME COURT OF INDIA DIVISION BENCH DHARMENDRA KUMAR SINGH AND OTHERS — Appellant Vs. THE HON’BLE HIGH COURT OF JHARKHAND AND OTHERS — Respondent ( Before :…

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Jan 12, 2025 sclaw

2025 INSC 54 SUPREME COURT OF INDIA DIVISION BENCH NBCC (INDIA) LTD. Vs. THE STATE OF WEST BENGAL AND OTHERS ( Before : Pamidighantam Sri Narasimha and Pankaj Mithal, JJ.…

Maintenance

A decree for restitution of conjugal rights does not automatically disqualify a wife from receiving maintenance under Section 125 of the Cr.P.C., and the court must assess whether the wife had sufficient reason to refuse to live with her husband despite the decree

Jan 12, 2025 sclaw

2025 INSC 55 SUPREME COURT OF INDIA DIVISION BENCH RINA KUMARI @ RINA DEVI @ REENA Vs. DINESH KUMAR MAHTO @ DINESH KUMAR MAHATO AND ANOTHER ( Before : Sanjiv…

Service

Constitution of India, 1950 — Article 309 — Executive Orders as Recruitment Rules — The court affirms that in the absence of formal rules framed under Article 309 of the Constitution, executive orders issued by the government can serve as the governing recruitment rules — Specifically, Government Order (G.O.) dated 07th April, 2008 is recognized as the applicable executive order for the Medical Education Service.

Jan 12, 2025 sclaw

2025 INSC 70 SUPREME COURT OF INDIA DIVISION BENCH DR. SHARMAD Vs. STATE OF KERALA AND OTHERS ( Before : Dipankar Datta and Prashant Kumar Mishra, JJ. ) Civil Appeal…

Limitation

Section 4 of the Limitation Act applies to the 3-month limitation period under Section 34(3) of the Arbitration and Conciliation Act (ACA), but not to the 30-day condonable period, and Section 10 of the General Clauses Act (GCA) does not apply to Section 34(3) of the ACA.

Jan 12, 2025 sclaw

2025 INSC 56 SUPREME COURT OF INDIA DIVISION BENCH MY PREFERRED TRANSFORMATION & HOSPITALITY PVT. LTD. AND ANOTHER — Appellant Vs. M/S FARIDABAD IMPLEMENTS PVT. LTD. — Respondent ( Before…

Arbitration

The Supreme Court held that for the purposes of calculating the limitation period for filing objections to an arbitral award, formal notice of the award is not required; awareness or knowledge of the award’s existence is sufficient

Jan 11, 2025 sclaw

2025 INSC 24 SUPREME COURT OF INDIA DIVISION BENCH KRISHNA DEVI @ SABITRI DEVI (RANI) M/S S.R. ENGINEERING CONSTRUCTION — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent (…

I B C

Supreme Court found that the High Court should not have interfered with the Corporate Insolvency Resolution Process (CIRP) as the Insolvency and Bankruptcy Code (IBC) provides a complete mechanism for resolution

Jan 11, 2025 sclaw

2025 INSC 25 SUPREME COURT OF INDIA DIVISION BENCH MOHAMMED ENTERPRISES (TANZANIA) LTD. — Appellant Vs. FAROOQ ALI KHAN AND OTHERS — Respondent ( Before : Pamidighantam Sri Narasimha and…

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013— Finality of Determinations— The Court established a precedent that once determinations regarding compensation and entitlements have been adjudicated and approved by the Court, they cannot be reopened by the Claims Commission based on changes in policy— This applies specifically to the ten villages for which reports were previously finalised— This means that the Commission should not re-evaluate or re-adjudicate cases that have already been settled.

Jan 11, 2025 sclaw

2025 INSC 22 SUPREME COURT OF INDIA DIVISION BENCH MAHANADI COAL FIELDS LTD. AND ANOTHER — Appellant Vs. MATHIAS ORAM AND OTHERS — Respondent ( Before : Bela M. Trivedi…

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C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Jan 19, 2025 sclaw

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Jan 19, 2025 sclaw

Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Jan 17, 2025 sclaw

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Jan 12, 2025 sclaw

Month: January 2025

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