Supreme Court of India Judgements

46750 Judgements hosted as on 24/03/2025 - Search (FREE), Subscribe, Read & Download

Category: Service

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…

Service Matters
Service

Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants’ continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their work was perennial and fundamental, requiring their classification as regular posts — The court also found that the appellants’ abrupt termination was unjustified and violated principles of natural justice, and the argument against their regularization based on educational qualifications was untenable — The court noted discriminatory practices as other employees with similar or shorter service had been regularized — The court clarified that the Uma Devi judgment was not intended to penalize employees who have served long years in essential roles and that “irregular” appointments should be considered for regularization, especially when they are not “illegal” and the employees have served continuously against sanctioned functions.

Dec 28, 2024 sclaw

2024 INSC 1034 SUPREME COURT OF INDIA DIVISION BENCH JAGGO Vs. UNION OF INDIA AND OTHERS ( Before : Vikram Nath and Prasanna B. Varale, JJ. ) Civil Appeal No….of…

Service Matters
Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw

2024 INSC 921 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. SAROJ DEVI — Respondent ( Before : Abhay S. Oka and Augustine George…

Service Matters
Service

Service Law — Termination — Service Benefits — The Supreme Court held that the appellant is likely an Indian citizen based on his father’s migration certificate — The Court found that the termination of his service was arbitrary and violated natural justice principles, as he was not given an opportunity to defend himself — The Court directed that appellant be entitled to all unpaid service benefits and issued a general direction for timely police verification in government appointments. – Foreigners Act, 1946 — Section 9 — Citizenship Proof — Onus of Proof — The Court reaffirmed that under Section 9, the onus of proving citizenship lies on the person claiming it. -Citizenship Act, 1955 — Section 5(1)(a) — Indian Origin —The Court noted that persons of Indian origin who have been ordinary residents in India for seven years are entitled to citizenship under Section 5(1)(a).

Dec 8, 2024 sclaw

2024 INSC 940 SUPREME COURT OF INDIA DIVISION BENCH BASUDEV DUTTA — Appellant Vs. THE STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : J.K. Maheshwari and R.…

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I P C

Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

Mar 25, 2025 sclaw
I P C

Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances

Mar 25, 2025 sclaw
Limitation

Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State

Mar 25, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 154 — Registration of FIR — Mandatory under Section 154 of the CrPC if information discloses commission of a cognizable offense; no preliminary inquiry permissible in such cases.

Mar 25, 2025 sclaw