Supreme Court of India Judgements

46400 Judgements hosted as on 14/04/2024 - Search (FREE), Subscribe, Read & Download

Category: Service

Service Matters
Service

Service Law – Appointment of Technical Assistants as Assistant Engineers in the PWD, Tamil Nadu, based on service and qualifications – Court reasoned that the appointments did not encroach upon the quota for direct recruits and were equitable, considering the long-standing practice and the need to fill vacancies – The judgment emphasizes the importance of adhering to established rules and procedures while also recognizing the practical considerations of government administration – The conclusion reaffirms the validity of the appointments made and the discretion of the executive in the absence of specific rules.

Apr 27, 2024 sclaw

2024 INSC 306 SUPREME COURT OF INDIA DIVISION BENCH ASSOCIATION OF ENGINEERS AND OTHERS ETC. — Appellant Vs. THE STATE OF TAMIL NADU AND OTHERS ETC. — Respondent ( Before…

Service Matters
Service

Service Law – Selection Process – The main issue was whether the appellants’ appointments should be regularized after the merger of their posts with the regular establishment of the university – Court relied on UGC’s statutory authority and previous court decisions to conclude that the appellants should be continued after the merger – The appellants are to be reinstated to their posts, and any appointments made by the University under subsequent advertisements were subject to the outcome of this judgment. Disciplinary enquiries may proceed if necessary.

Apr 27, 2024 sclaw

2024 INSC 303 SUPREME COURT OF INDIA DIVISION BENCH MEHER FATIMA HUSSAIN — Appellant Vs. JAMIA MILIA ISLAMIA AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj…

Service Matters
Service

Court finds lapses in the medical diagnosis and treatment, noting the absence of a neurologist’s examination and the disregard for the appellant’s CD4 cell count – The court criticizes the respondents’ apathetic attitude and the discriminatory policy against HIV+ individuals, highlighting the appellant’s survival without anti-retroviral therapy – The court awards compensation for wrongful termination, leave encashment dues, non-reimbursement of medical expenses, and social stigma, along with pension entitlements as if the appellant had retired in service.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SATYANAND SINGH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjiv Khanna and Dipankar Datta, JJ. ) Civil Appeal…

Service Matters
Service

The Court reasons that the service as a High Court Judge should be cumulated with district judiciary service for pension calculation, and the break in service should not adversely affect the pension – The Court analyzes the constitutional and statutory provisions, emphasizing the importance of non-discrimination in pension computation for Judges, regardless of their service origin – The Court concludes that Justice Garg is entitled to pension calculated on the basis of her last drawn salary as a High Court Judge, including arrears with interest – The appeal by the Union of India is disposed of accordingly.

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA, MINISTRY OF LAW AND JUSTICE — Appellant Vs. JUSTICE (RETD) RAJ RAHUL GARG (RAJ RANI JAIN) AND OTHERS — Respondent (…

Service Matters
Service

All-India Services (Performance Appraisal Report) Rules, 2007 – Rules 5(1) and 9(7B) – Court concluded that the High Court erred in setting aside the CAT Order and directed the Accepting Authority to decide on the underlying representation within 60 days – The judgment emphasizes the importance of adhering to prescribed timelines and the restraint to be exercised by the judiciary in administrative matters involving specialized expertise.

Mar 22, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF HARYANA — Appellant Vs. ASHOK KHEMKA AND ANOTHER ( Before : Vikram Nath and Satish Chandra Sharma, JJ. ) Civil Appeal…

Service Matters
Service

Service Law – Recruitment Process – Public Employment – Merely because a recruitment agency is not in a position to satisfy the Court, a relief cannot be extended to a candidate deprived as it will have a cascading effect not only on the said recruitment, but also to numerous others as well.

Mar 9, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE TELANGANA RESIDENTIAL EDUCATIONAL INSTITUTIONS RECRUITMENT BOARD — Appellant Vs. SALUVADI SUMALATHA AND ANOTHER — Respondent ( Before : A. S. Bopanna and M.…

Service Matters
Service

(a) whether the appellant was entitled to withdraw her prospective resignation before the effective date; (b) whether the acceptance of her resignation by the trust was final, binding and irrevocable; and (c) what relief could be granted to the appellant – The court allowed the appeal and set aside the orders of the College Tribunal and the High Court

Mar 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. MRS. SUMAN V. JAIN — Appellant Vs. MARWADI SAMMELAN THROUGH ITS SECRETARY AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V.…

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Constitution Tenders & Contracts

The Supreme Court set aside the Division Bench’s order, restored the Single Judge’s order, and allowed the appeal, emphasizing the principles of delay and latches in judicial proceedings – The Court reasoned that the writ petitioner’s delay in asserting rights and acquiescence to the Corporation’s actions warranted dismissal of the writ petition – The Court cited precedents stating that delay defeats equity and that the High Court may refuse to exercise its extraordinary powers if there is negligence or omission on the part of the applicant – The appeal was allowed, and the writ petition was dismissed on the grounds of delay and latches, with no order as to costs.

Apr 27, 2024 sclaw
Cr P C I P C

Penal Code, 1860 (IPC) – 147, 342, 323, 307 and 506 – Criminal Procedure Code, 1973 (CrPC) – Section 173(2) , 190 (1)(b) and 200 – Protest Petition – Magistrate to treat the Protest Petition as a complaint, proceeding according to Chapter XV of the Cr.P.C – The Court’s reasoning focused on the proper procedure for taking cognizance of an offence and the treatment of a Protest Petition when additional affidavits are filed – The conclusion emphasizes the Magistrate’s liberty to treat the Protest Petition as a complaint and the need to follow due process – The judicial opinion clarified the legal position regarding the Magistrate’s options upon receiving a closure report from the Investigating Officer.

Apr 27, 2024 sclaw
C P C

Civil Procedure Code, 1908 – Section 96 – Appeal from original decree -The core issue revolves around the validity of the agreement and the Arbitrator’s award, given that the original ex-parte decree in favor of the plaintiff was set aside and the suit was to proceed from the stage of the State filing its written statement – The Supreme Court allowed the appeal, set aside the High Court’s order, and directed the Trial Court to proceed with the suit on merits based on evidence – The Court reasoned that the agreement dated 30.07.1991 lost its credibility as the basis of the agreement, the ex-parte decree, was set aside, and the suit was to be continued from a specific stage.

Apr 27, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Sections 420,120B and 34 – Territorial jurisdiction for the FIR -The Supreme Court quashed the FIR and all proceedings, concluding that the matter was civil, not criminal, and that Arunachal Pradesh lacked territorial jurisdiction – The Court found no evidence of a cognizable offence and deemed the dispute to be of a civil nature, suitable for resolution in a civil court – The Court applied the principle that civil disputes should not be converted into criminal complaints unless there is clear evidence of criminal intent or action – The FIR and subsequent proceedings were quashed, with the Court questioning why the State of Arunachal Pradesh pursued the case when the complainant did not challenge the Rajasthan High Court’s order.

Apr 27, 2024 sclaw