Supreme Court of India Judgements

46448 Judgements hosted as on 05/05/2024 - Search (FREE), Subscribe, Read & Download

Category: Service

Constitution Service

Constitution of India, 1950 – Article 14 – Penalty imposed must be commensurate with the gravity of the misconduct, and that any penalty disproportionate to the gravity of the misconduct would be violative of Article 14 of the Constitution – In the armed forces of the Union, including the paramilitary forces, utmost discipline, unity of command et al are the sine qua non – That said, the doctrine of proportionality still holds the field.

Apr 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH B. S. HARI COMMANDANT — Appellant Vs. UNION OF INDIA & ORS. R1: UNION OF INDIA, MINISTRY OF HOME AFFAIRS R2: DIRECTOR GENERAL, BORDER…

Service Matters
Service

General Reserve Engineer Force Group ‘C’ and Group ‘D’ Recruitment Rules, 1982 – Promotion to post of Superintendent BR Grade-I and Assistant Engineer -denial of promotion is on the ground that candidates do not possess the prescribed requisite qualification namely “Diploma in Civil Engineering” and “Diploma in DED” possessed by them is not as prescribed under the Rules – Appeal dismissed

Mar 30, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH UNNIKRISHNAN CV AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Manoj Misra and Aravind…

Service Matters
Service

Jammu and Kashmir Subordinate Services Recruitment Rules, 1992 – Rule 9 – Appointment of drug inspectors – A doctor by profession with a Post Graduate degree (MD) and Ph.D. in Pharmacology was in any way cannot underqualified or unsuitable for her role on the Selection Board – But, a pharmacologist is more appropriate to interview the candidates for the post of drug inspector

Mar 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH TAJVIR SINGH SODHI AND OTHERS — Appellant Vs. THE STATE OF JAMMU AND KASHMIR AND OTHERS — Respondent ( Before : K.M. Joseph and…

Service Matters
Service

Central Civil Services (Pension) Rules, 1972 – Rule 13 – the services rendered on a substantive post or services rendered as officiating or temporary service shall be treated as qualifying service – Service rendered as casual/contractual cannot be said to be officiating or temporary service HELD Service rendered as casual/contractual cannot be said to be service rendered on a substantive appointment.

Mar 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DIRECTOR GENERAL, DOORDARSHAN PRASAR BHARTI CORPORATION OF INDIA AND ANOTHER — Appellant Vs. SMT. MAGI H DESAI — Respondent ( Before : M.R. Shah…

Service Matters
Service

HELD Resignation can become effective either by stipulation of law or by acceptance thereof — examining in this judgment is legality of an order by which the respondents plea for withdrawal of resignation was rejected on grounds spelt out in the order itself. The Tribunal and the High Court found the reasoning of the appellant unsustainable.

Mar 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE GOVT. OF NCT OF DELHI AND OTHERS — Appellant Vs. KAMLESH RANI BHATLA — Respondent ( Before : Aniruddha Bose and Krishna Murari,…

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I P C

Penal Code, 1860 (IPC) – Sections 120-B read with Section 420 – Cheating – The case involves fraudulent transactions by accused in connivance with Indian Bank officials resulting in interest-free advances to the petitioners – The main issue is whether the petitioners were involved in cheating the bank and if they availed any undue benefit from the fraudulent transactions – The petitioners argued that they were not involved in the cheating, had not availed any undue benefit, and that the transactions were normal business dealings – The court dismissed the Special Leave Petitions, upholding the Trial Court’s conviction of the petitioners for cheating the bank through unauthorized transactions.

May 5, 2024 sclaw
Limitation

Limitation Act, 1963 – Section 5 – Condonation of Delay – Delay of 1663 days – The State of U.P. filed a SLP against an order dated 13.11.2009 by the Allahabad High Court, with a delay of 1,633 days – The main issue was the condonation of the significant delay in filing the SLP – The State argued that the delay was due to the time taken for obtaining legal opinion and permissions, and later, the realization that the appeal was not filed initially – The application for condonation of delay was dismissed, and consequently, the SLP was also dismissed – The court found the explanation for the delay unsatisfactory, especially since the State was aware of the High Court’s order when it was passed – The court did not find sufficient cause to condone the delay, leading to the dismissal of the SLP.

May 5, 2024 sclaw
Property Matters

Partition Suit – The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur – The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers – The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers – The respondents maintain that the property valuation and shares were appropriately determined by the approved Valuer and upheld by both the Trial Court and High Court – The Supreme Court dismissed the appeal, finding no merit in revaluating the property or altering the determined shares of the parties – The Court emphasized the importance of family ties over property disputes and suggested alternative dispute resolution methods for amicable settlements – The Court referenced the case of Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited, advocating for ADR in family-related property disputes – The Supreme Court concluded that revisiting the valuation and partition would only prolong litigation and upheld the decisions of the lower courts.

May 5, 2024 sclaw
Constitution Municipal Laws

West Bengal Municipal(Building) Rules, 2007 – Rule 50 – Open spaces for building in areas other than municipalities in hill areas – The appellants challenge the High Court of Calcutta’s order regarding a contempt petition related to their residential property construction and its compliance with Rule 50 of Rules, 2007 – The appellants argue that the writ petition was a private matter and should not have been entertained by the High Court – They also claim that municipal authorities are unfairly pressuring them due to the contempt proceedings – The respondent claims that the appellants violated the sanctioned building plan, justifying the High Court’s direction for an enquiry – The Supreme Court allowed the appellants to challenge the enquiry report and show cause notice, ensuring their objections would be considered objectively without prejudice from the contempt or writ proceedings – The court expressed reservations about the High Court’s exercise of writ jurisdiction in a private dispute and suggested the civil court as the appropriate forum for grievances – The appeal was disposed of with the appellants given the liberty to challenge the enquiry report and show cause notice, without cost order.

May 5, 2024 sclaw