Supreme Court of India Judgements

45716 Judgements hosted as on 10/09/2023 - Search (FREE), Subscribe, Read & Download

Category: Service

Service Matters
Service

Punjab Police Rules, 1934 – Rule 12.21 and 16.24 – Discharge of Inefficients – Case involving the discharge of a constable from the Punjab Police force – The constable, ‘J’, was discharged during his probation period due to prolonged absence without any intimation – The Supreme Court examined the relevant rules and held that ‘J’ discharge was justified as he was found unlikely to become an efficient police officer.

Sep 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF PUNJAB AND OTHERS — Appellant Vs. JASWANT SINGH — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. ) Civil…

Service Matters
Service

Uttar Pradesh Subordinate Offices Ministerial Group “C” Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 – Rule 5 – An affidavit revealed vacancies, and in light of this, This Court directed the promotion of four candidates based on their education qualifications – This decision was not to set a precedent, and the appeal was allowed without any cost orders.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJENDRA PRASAD AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Service Matters
Service

Considering the facts and circumstances of the case and in order to do complete justice, the appellant will be entitled to all the service benefits including seniority, consequential promotions and pensionary benefits at par with his juniors, though notionally, since he superannuated on 30.06.2007 and has not worked on the promoted post.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH L.R. PATIL — Appellant Vs. GULBARGA UNIVERSITY, GULBARGA — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. ) Civil Appeal No. 3254…

Service Matters
Service

Scientific and Technical Group “A” (Gazetted) posts in the Ministry of Information Technology (in-situ Promotion under Flexible Complementing Scheme) Rules, 1998 – Rule 4(b) – For striking down the provisions of law or for declaring any rules as ultra vires, specific pleading to challenge the rules and asking of such relief ought to be made.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. MANJURANI ROUTRAY AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. )…

Service Matters
Service

Appellant continues to work as a lecturer in English on a half time basis – Therefore, for doing substantial justice, this is a fit case to invoke power under Article 142 of the Constitution of India for continuing her appointment on full time basis – Direction issued to State Government to release grant-in aid for paying salary.

Sep 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VIJAYA BHIKU KADAM — Appellant Vs. MAYANI BHAG SHIKSHAN PRASARAK MANDAL AND OTHERS — Respondent ( Before : Abhay S. Oka and Sanjay Karol,…

Service Matters
Service

Increase/Enhancement of Retirement age – Retired Employees cannot claim a vested right to apply the extended age of retirement to them retrospectively and assume that by virtue of the enhancement in age ordered by the State at a later date, they would be entitled to all the benefits including the monetary benefits flowing from G.O. dated 9th April, 2012, on the ground of legitimate expectation

Aug 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. PRAKASAN M.P. AND OTHERS — Appellant Vs. STATE OF KERALA AND ANOTHER — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ.…

Service Matters
Service

Service Law – Disciplinary proceedings – Penalty Order – Unless punishment imposed is only co-relatable to any of those charges found not proved, the penalty cannot be set aside – Scope of judicial review against a departmental enquiry proceeding is very limited – It is not in the nature of an appeal and a review on merits of the decision is not permissible

Aug 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE BANK OF INDIA — Appellant Vs. A.G.D. REDDY — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. ) Civil Appeal No.…

Service Matters
Service

Respondent was not involved in heinous/serious offence or any offence involving moral turpitude, and the fact that in the said criminal case he has been honourably acquitted – Direction to appellant for consider the case of the respondent and issue order of appointment to the post of constable.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF WEST BENGAL & OTHERS — Appellant Vs. MITUL KUMAR JANA — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. )…

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G S T

Himachal Pradesh Passengers and Goods Taxation Act, 1955 – appellants are public sector organizations providing free transportation to their employees and their children in remote hilly areas for safety reasons, and recognizing that a substantial amount of time has passed since the enactment of the Amendment and Validation Act of 1997 (approximately twenty-six years), and that the appellants may have replaced their motor vehicles or buses during this time, the appellants should be liable to pay the tax starting from April 1, 2023, the current financial year onwards, and not for the period before that.

Sep 19, 2023 sclaw
Acquittal

In this case, the appellant and the deceased were in a romantic relationship – However, when the deceased stopped communicating with the appellant, the appellant became upset – There was an altercation between them, witnessed by the deceased’s mother – conviction under Section 302 of the IPC is alter to Section 304 part II, and the appellant is sentenced to the period of imprisonment already served – If not needed in any other case, the appellant shall be released immediately – Appeal partly allowed.

Sep 19, 2023 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 – Section 5(24) – ‘related party’ – if an individual is a director of a private or public company and, along with relatives, holds more than two percent of the company’s share capital or paid-up share capital, that company is considered a ‘related party.’ – The explanation also specifies that both maternal and paternal uncles fall under the definition of ‘related party.’

Sep 19, 2023 sclaw
Matrimonial

Hindu Marriage Act, 1955 – Sections 13(1) and 13(1A) – Grant of Decree of divorce – Denial of – The parties in question have been living apart for fifteen years -there is no reason to prolong the distress of maintaining a marital status when they are not living together – In light of the mentioned reasons, the judgment of the Trial Court and the subsequent confirmation by the High Court is hereby overturned – As a result, the appeal is accepted, and a divorce decree is granted.

Sep 19, 2023 sclaw