Supreme Court of India Judgements

46420 Judgements hosted as on 27/04/2024 - Search (FREE), Subscribe, Read & Download

Category: Service

Service Matters
Service

HELD according to the said University, though the employment was contractual but the employee was entitled to get all the benefits of a regular employee – Appellant’s services could not have been terminated without following the principles of natural justice – Appellant is directed to be reinstated with continuity in service

May 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH K. RAGUPATHI — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

Service Matters
Service

When the Pension Regulations and the GPF Scheme are read together, the necessary conclusion is that an employee must give his option for either continuing to be a member of the CPF Scheme or to switch over to the Pension and GPF Scheme. HELD that an employee had no inherent right to demand extension for exercising the switchover option.

May 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH UNIVERSITY OF DELHI — Appellant Vs. SMT. SHASHI KIRAN AND OTHERS ETC. — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ.…

Service Matters
Service

Uttar Pradesh State Universities Act, 1973 – Section 31 – Termination – Selection of the appellant was done after following the selection procedure as prescribed by the 1973 Act – Appellant had served for a period of 12 years before the order directing his termination was passed by Chancellor – Termination of appellant is not sustainable in law.

May 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH RAM CHANDRA — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. )…

Service Matters
Service

Administrative Tribunals (Procedure for Appointment of Members) Rules, 2011 – Rule 9(4) – There cannot be any manner of doubt that a conscious decision was taken by the Selection Committee not to recommend the extension of tenure of the respondent – Order of extension of term of appointment is set aside – Appeal allowed.

May 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND OTHERS — Appellant Vs. NAVNEET KUMAR — Respondent ( Before : L. Nageswara Rao and B. R. Gavai, JJ. )…

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State Laws

Bombay Public Trusts Act, 1950 – The case involves the acceptance of Change Reports for the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, a Public Trust – The High Court invalidated the acceptance and remanded the matters for reconsideration – The main issue was the delay in filing the Change Report for the new Vahiwatdar of the Trust, which was submitted 17 years after the previous Vahiwatdar’s death – The Supreme Court set aside the High Court’s judgment, confirming the acceptance of Change Report Nos. 899 of 2015 and 1177 of 2017, allowing the civil appeals – The Court found that the delay in filing the Change Report was a curable defect and did not impact the legitimacy of the new Vahiwatdar’s assumption of office – The Court emphasized a liberal approach to condonation of delay, citing precedents.

Apr 28, 2024 sclaw
Service

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – Sections 7, 8 and 9 – Procedure for resignation by employees of private schools – The appellant challenged his termination from, which was set aside by the Tribunal but reinstated by the High Court – The main issues were whether the appellant’s resignation was lawfully withdrawn and if the documents related to his resignation were fabricated – The appellant argued that his resignation withdrawal was not considered and that the school committee’s resolutions were fabricated – The respondents contended that the resignation was accepted by the management committee and the school committee, and the appellant was informed accordingly – The Supreme Court upheld the High Court’s decision, dismissing the appeal and affirming that the appellant’s resignation was voluntary and lawfully accepted – The Court found no evidence of fabricated documents and determined that the management committee’s acceptance of the resignation was valid – The Court referenced the MEPS Act and Rules, concluding that non-communication of resignation acceptance does not invalidate the termination – The Supreme Court concluded that the appellant’s resignation was accepted before his attempted withdrawal, and thus the termination was lawful.

Apr 28, 2024 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 – Section 5(7) – “financial creditor” – The appeals challenge judgments related to the status of certain creditors of M/s. Mount Shivalik Industries Limited under the Insolvency and Bankruptcy Code, 2016 (IBC) – The primary issue is whether the respondents are financial creditors or operational creditors within the meaning of the IBC – The appellants argue that the respondents are operational creditors, as the agreements indicate services rendered to promote the corporate debtor’s products – The respondents contend that the agreements were a means to raise finance, making them financial creditors due to the interest-bearing security deposits – The Court upheld the NCLAT’s decision, recognizing the respondents as financial creditors based on the commercial effect of the transactions – The Court examined the true nature of the transactions and found that the arrangements had the commercial effect of borrowing, satisfying the criteria for financial debt under the IBC – The Court applied the definition of financial debt and operational debt from the IBC, emphasizing the disbursal against the consideration for the time value of money – The appeals were dismissed, confirming the respondents’ status as financial creditors and allowing the resolution process to continue accordingly – The Court’s detailed analysis affirmed the NCLAT’s interpretation of the IBC provisions.

Apr 28, 2024 sclaw
Family Court I P C

“Husband Has No Right On Wife’s Stridhan” Matrimonial Law – The appeal concerns a matrimonial dispute involving misappropriation of gold jewellery and monetary gifts – The appellant, a widow, married the first respondent, a divorcee, and alleged misappropriation of her jewelry and money by the respondents – The core issue is whether the appellant established the misappropriation of her gold jewellery by the respondents and if the High Court erred in its judgment – The appellant claimed that her jewellery was taken under the pretext of safekeeping on her wedding night and misappropriated by the respondents to settle their financial liabilities – The respondents denied the allegations, stating no dowry was demanded and that the appellant had custody of her jewellery, which she took to her paternal home six days after the marriage – The Supreme Court set aside the High Court’s judgment, upheld the Family Court’s decree, and awarded the appellant Rs. 25,00,000 as compensation for her misappropriated stridhan – The Court found the High Court’s approach legally unsustainable, criticizing it for demanding a criminal standard of proof and basing findings on assumptions not supported by evidence – The Court emphasized the civil standard of proof as the balance of probabilities and noted that the appellant’s claim for return of stridhan does not require proof of acquisition – The Supreme Court concluded that the appellant had established a more probable case and directed the first respondent to pay the compensation within six months, with a 6% interest per annum in case of default.

Apr 28, 2024 sclaw