Service Archives - Page 21 of 81 - Supreme Court of India Judgements

January 27, 2025 11:50 am

Rejection of candidature – RPF Constable – Candidate has used different language for filling up of the application form and the OMR answer book, therefore, his candidature was rightly rejected.

Jul 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND OTHERS — Appellant Vs. MAHENDRA SINGH — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ. ) Civil Appeal…

Service

HELD services of the other work-charge employees even who were senior to the deceased employees were regularized in the year 2009 i.e. after the death of the deceased employee. Appeal of Stateallowed

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF NAGALAND AND OTHERS — Appellant Vs. NISHEVI ACHUMI — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ. )…

Service

Respondent being an OBC cannot be retained in a ST category post – Respondent is disentitled to any pensionary benefit by virtue of his wrongful appointment.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE CHIEF EXECUTIVE OFFICER, BHILAI STEEL PLANT, BHILAI — Appellant Vs. MAHESH KUMAR GONNADE AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul…

Service

Entitlement Rules for Casualty Pensionary Awards, 1982 – Rule 12 – Disability Pension – Entitlement Rules for Casualty Pensionary Awards, 1982 are beneficial in nature and ought to be liberally construed.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND OTHERS — Appellant Vs. EX. NAIK RAM SINGH — Respondent ( Before : Abhay S. Oka and M.M. Sundresh, JJ.…

Service

Disability pension – Respondent was discharge form service on administrative grounds, not medical grounds – Claim of disability pension should not have been entertained and that too, 20 years after discharge.

Jul 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND OTHERS — Appellant Vs. EX. SEP. R. MUNUSAMY — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. )…

Service

Assam Rifles – Order of discharge passed against the appellant herein is hereby set aside – Appellant shall be treated to have been in service till the time he would have completed the qualifying service for grant of pension.

Jul 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH AMARENDRA KUMAR PANDEY — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Surya Kant and J.B. Pardiwala, JJ. ) Civil…

Service

Munsiffs Recruitment – in merit cum seniority even a junior most person may steal a march over his seniors and jump the queue for accelerated promotion. HELD the roster points do not determine the seniority of the appointees who gain simultaneous appointments

Jul 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MANOJ PARIHAR AND OTHERS — Appellant Vs. STATE OF JAMMU & KASHMIR AND OTHERS — Respondent ( Before : Surya Kant and J.B. Pardiwala,…

Service

Bihar Government Servant Contributory Pension Scheme, 2005 – No government employee appointed after 31.08.2005 shall be entitled to any other benefit except under the New Contributory Pension Scheme.

Jul 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF BIHAR AND OTHERS — Appellant Vs. RAJMATI DEVI AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Service

Departmental enquiry – High Court under Article 226 of the Constitution cannot review/re appreciate the evidence and to arrive at an independent finding on the evidence.

Jul 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH STATE BANK OF INDIA AND ANOTHER — Appellant Vs. K.S. VISHWANATH — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Service

Central Civil Services (Fixation of Pay of Re-employed Pensioners) Order, 1986 – Para 8 – The reference to the last drawn pay in the armed forces is only to ensure that the pay computed in the civil post in the manner envisaged in para 8 of CCS Order does not exceed the basic pay (including the deferred pay but excluding other emoluments) last drawn by the personnel in the armed forces.

Jul 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA — Appellant Vs. ANIL PRASAD — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No. 4073…

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I P C

The testimony of related eyewitnesses should be carefully scrutinized but not dismissed solely based on their relationship to the victim; minor inconsistencies in witness testimony do not render the testimony unreliable; medical evidence should be used to corroborate eyewitness accounts

Jan 26, 2025 sclaw

Child Custody

Custody and visitation — Appellant and Respondent married in 2007 and separated in 2016, have been in a custody dispute over their daughter, who has lived with mother since the separation — The father sought joint custody or expanded visitation, while the mother raised safety concerns due to alleged abusive behavior — The Family Court granted sole custody to the mother with limited visitation for the father — The High Court expanded visitation rights, including more frequent visits, shared vacations, and video calls, while retaining sole custody with the mother — The Supreme Court upheld most arrangements but reduced vacation visits to one day initially and mandated a female court commissioner’s presence during physical visits in public places — The decision aims to balance the child’s safety, stability, and the father’s involvement, pending a full hearing.

Jan 26, 2025 sclaw

Constitution Corporate

Writ jurisdiction under Article 226 of the Constitution is not absolutely barred by the statutory arbitration mechanism under the MSMED Act and can be exercised in exceptional cases, such as violations of fundamental rights, natural justice, or jurisdictional errors, despite the availability of alternative remedies

Jan 26, 2025 sclaw

Stamp Act State Laws

Maharashtra Stamp Act, 1958 — Section 48(1) — Refund of stamp duty — The appellants sought a refund of stamp duty paid for a property transaction that was later cancelled — The High Court dismissed their claim, holding that the amended six-month limitation period applied — The Supreme Court allowed the appeal, holding that the unamended two-year limitation period applied, and the appellants were entitled to a refund.

Jan 26, 2025 sclaw

Category: Service

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