Supreme Court of India Judgements

47295 Judgements hosted as on 02/08/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Category: Service

Service Matters
Service

Assam Police Act, 2007 – Section 14(2) – Assam Police Manual – Rule 63(iii) – Deputy Commissioner would not be competent to assess the overall performance of Superintendent of Police (SP) – Rule 63(iii) of Assam Police Manual invalid on the ground that it is in direct conflict with Section 14(2) of the Assam Police Act, 2007

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF ASSAM AND OTHERS — Appellant Vs. BINOD KUMAR AND OTHERS — Respondent ( Before : Aniruddha Bose and Sanjay Kumar, JJ.…

Service Matters
Service

Service Law – Recovery of personal/promotional pay scale benefits – Benefit of a personal/promotional pay scale was granted to Appellants/Ayurvedic Medical Officers by the State of Uttarakhand – Benefit was withdrawn under a subsequent decision of the State of Uttarakhand – By the order dated 8th November 2006, the personal time-bound pay scale was granted to the appellants, subject to the condition that if the Government takes any decision to the contrary, the amount will be recovered from the salary of the concerned medical officers – Recovery order upheld – Appeal dismissed.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. BALBIR SINGH BHANDARI — Appellant Vs. THE STATE OF UTTARAKHAND AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal,…

Service Matters
Service

The state argued the forgery was serious misconduct and made appointments illegal – The Supreme Court allowed the appeals and ruled that the appellants were entitled to continue in their service – The court found no evidence of wrongdoing by the Appellants and directed the State to pay the appellants’ salaries with arrears and continue their service.

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RADHEY SHYAM YADAV AND ANOTHER ETC — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan,…

Constitution Service

Article 229 of the Constitution does not grant the Chief Justice the power to make rules regarding the post-retiral benefits of former judges – The State Government has the legislative power to make laws regarding the post-retiral benefits of its employees, including former High Court judges.

Jan 3, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH THE STATE OF UTTAR PRADESH AND OTHERS — Appellant Vs. ASSOCIATION OF RETIRED SUPREME COURT AND HIGH COURT JUDGES AT ALLAHABAD AND OTHERS —…

Service Matters
Service

The appellant had filled in 08.12.1997 as his date of birth, while his actual date of birth is 18.12.1997 – SCOI allowed the appeal, holding that the error in the application form was a trivial error and did not justify the cancellation of the appellant’s candidature: – The Supreme Court’s reasoning is based on the following principles: a. De minimis non curat lex – The law does not concern itself with trifles. b. Candidacy cancellation for trivial errors is not justified. c. No prejudice caused to the state due to the error.

Jan 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VASHIST NARAYAN KUMAR — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. )…

Service Matters
Service

HELD it may be recorded here that subsequent to date, there was a chargesheet issued against the Respondent and ultimately, the entire proceedings came to be dropped on 11.12.2019. Since the eligibility conditions in Rule 9 (1)(a)(iii), the validity of which is not under challenge before us, requires us to limit our inquiry into the question of eligibility as on date of consideration, what happens after that becomes insignificant to the inquiry. – In the background of facts and position of law analysed here in, it has to be concluded that as on the date of consideration, disciplinary action was contemplated against the writ petitioner Dinesh Singh, and therefore he was rightly held to be ineligible for selection of his name in Register A-1.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF HARYANA AND OTHERS — Appellant Vs. DINESH SINGH AND ANOTHER — Respondent ( Before : M.M. Sundresh and Aravind Kumar, JJ. )…

Service Matters
Service

Armed Forces Tribunal Act, 2007 – Sections 14 and 31(1) – Formation of policy – Jurisdiction – A Tribunal functioning within the strict boundaries of the governing legislation, would not have the power to direct the formation of a policy – it cannot be questioned that disputes in respect of promotions and/or filling up of vacancies is within the jurisdiction of the Tribunal, it cannot direct those responsible for making policy, to make a policy in a particular manner.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. AIR COMMODORE NK SHARMA (17038) ADM/LGL — Respondent ( Before : Abhay S. Oka and Sanjay…

Service Matters
Service

Service Law – Transfer Order – A person aggrieved by the order of transfer cannot sit at home and decide on his own that the order is illegal or erroneous and he will not comply with the same – If the workman had any grievance, he could have availed of his remedy available against the same; otherwise, he was duty-bound to comply with the same

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH U.P. SINGH — Appellant Vs. PUNJAB NATIONAL BANK — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. ) Civil Appeal No. 5494…

Service Matters
Service

Service Law – Merging of staff from one department to another – Order for merging Adult Education Department staff into Education Department, providing category-wise seniority – The High Court ruled that merging cadres is a policy decision and cannot be interfered with -The State’s actions have been delayed by promotions and retirements, resulting in a lack of service for many – The High Court’s judgment is upheld, and the appeals are dismissed.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAFFUL SHUKLA AND OTHERS — Appellant Vs. GOVERNMENT OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

You missed

Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.

Aug 2, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.

Aug 2, 2026 sclaw