Supreme Court of India Judgements

46720 Judgements hosted as on 05/02/2025 - Search (FREE), Subscribe, Read & Download

Month: January 2025

Service Matters
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…

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…

I P C

Penal Code, 1860 (IPC) — Sections 415 and 420 — Cheating — The court found that the elements of cheating under Section 415 were not met — The appellant did not deceive the 4th respondent, nor did the sale deeds cause harm or damage to the 4th respondent — The appellant did not claim to be or represent the 4th respondent, nor did the appellant try to transfer the rights of the 4th respondent — The court cited a previous case, Mohd. Ibrahim vs. State of Bihar, (2009) 8 SCC 751 , stating that while a seller can be accused of defrauding a purchaser if they sell property that does not belong to them, a third party who is not the purchaser may not be able to make such a complaint

Jan 11, 2025 sclaw

2025 INSC 31 SUPREME COURT OF INDIA DIVISION BENCH JIT VINAYAK AROLKAR Vs. STATE OF GOA AND OTHERS ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Criminal…

Accident

The primary issues revolved around whether the compensation awarded by the MACT and High Court was adequate, particularly under heads like loss of income, future medical expenses, and non-pecuniary damages – The Supreme Court acknowledged the High Court’s correct adoption of the notional income and enhancement of loss of income but criticized its failure to adequately consider other compensation heads — The court emphasized the need to follow established guidelines for multipliers and future prospects additions, and highlighted the importance of considering doctors’ recommendations and the actual needs of the victim — The Supreme Court allowed the appeal and enhanced the total compensation to Rs. 48,00,000, matching the petitioner’s claimed amount.

Jan 11, 2025 sclaw

2025 INSC 29 SUPREME COURT OF INDIA DIVISION BENCH ATUL TIWARI Vs. REGIONAL MANAGER, ORIENTAL INSURANCE COMPANY LIMITED ( Before : Sanjay Karol and Prasanna B. Varale, JJ. ) Civil…

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Consumer

The complainant contended that the basis of valuation as mentioned in clause-4.3 of the policy was “All exports-CIF + 10%”. This meant that the complainant had an insurable interest in the consignments until they were delivered to the buyer – The insurer argued that the basis of valuation was “FOB” and that the insurance coverage terminated on delivery of the consignment to the port of New York – The NCDRC rejected the review application, holding that the complainant had not proved that the basis of valuation was “All exports-CIF + 10%” – The NCDRC also held that the NCDRC had not erred in holding that the insurance coverage terminated on delivery of the consignment to the warehouse.

Feb 5, 2025 sclaw
I P C

Penal Code, 1860 (IPC) — Section 307 — Attempt to Murder — The complainant was abused and beaten by the accused, leading to an FIR under various IPC sections —Whether the injuries sustained by the complainant justify framing charges under Section 307 IPC — Petitioner argues that the injuries and the act of throttling indicate an intention to kill, warranting charges under Section 307 IPC — Respondent states that the injuries were minor, and the medical report did not conclusively support the charge of attempt to murder —The Supreme Court set aside the High Court’s order, directing the trial court to frame charges under Section 307 IPC —The intent to kill can be inferred from the circumstances and the doctor’s report suggesting the possibility of throttling —The extent of injuries is irrelevant if the intent to cause death is present, as per established legal precedents —The trial court must proceed with charges under Section 307 IPC, and the trial should be expedited.

Feb 5, 2025 sclaw
Environment

The polluter is absolutely and continuously liable for environmental damage until the damage is reversed, and the government must enforce environmental laws, ensure compensation, and implement restoration measures.

Feb 4, 2025 sclaw
Labour Cases Municipal Laws

Employers cannot terminate workers during industrial disputes without permission, and workers performing equal duties are entitled to equal pay and potential regularization.

Feb 4, 2025 sclaw