Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Category: Service

Service Matters
Service

Division Bench of the High Court is absolutely justified in reserving liberty in favour of the State to recover the amount paid in excess to the original writ petitioners. It is required to be noted that even while reserving liberty to recover the amount paid in excess, the Division Bench has observed that the same be recovered in easy equal installments.

Apr 10, 2022 sclaw

DIVISION BENCH MEKHA RAM AND OTHERS ETC. ETC. — Appellant Vs. STATE OF RAJASTHAN AND OTHERS ETC. ETC. — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Service Matters
Service

Once it is admitted, (i) that the disciplinary proceedings commenced with an Inquiry Committee of which the President was a member; and (ii) that subsequently he was replaced by someone due to ill health, the doctrine of necessity would come into play. Hence the impugned orders of the High Court and the School Tribunal are liable to be reversed.

Apr 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAI BHAVANI SHIKSHAN PRASARAK MANDAL — Appellant Vs. RAMESH AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Service Matters
Service

Service Law – Regularization with all consequential benefits – There is no heavy financial burden upon the University and at the same time to strike a balance and considering the fact that the respective original writ petitioners have worked for more than 15 to 30 years, if it is ordered that the actual consequential benefits on regularization of their services are restricted to three years prior to filing of the writ petitions

Apr 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAI NARAIN VYAS UNIVERSITY, JODHPUR AND ANOTHER — Appellant Vs. MUKESH SHARMA ETC. ETC. — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

Service Matters
Service

Absorption and regularisation – When the employee were appointed on a fixed term and on a fixed salary in a temporary unit which was created for a particular project, no such direction could have been issued by the High Court to absorb them in Government service and to regularise their services –

Apr 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF GUJARAT AND OTHERS — Appellant Vs. R.J. PATHAN AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Service Matters
Service

Appellant has been teaching the very same subject for the past nearly 16 years – Original Selection Committee which found him eligible for appointment, comprised of Professors from the Department of Sanskrit of which the diploma course in ‘Karm Kand’ was a part, a direction is issued to the University to regularise the services of the appellant.

Mar 31, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DINESH CHANDRA SHUKLA — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Service Matters
Service

Armed Forces Tribunal Act, 2007 – Section 71(e) – Army Act, 1950 – Section 52(f) and 123 – Dismissal from service – Procurement of ration by Army purchase organisation – It cannot be said that the respondent has actually committed fraud or did any such act, which resulted in actual loss or wrongful gain to any person – Dismissal not sustainable

Mar 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. LT. GEN. (RETD.) S.K. SAHNI — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

Service Matters
Service

Except stating that “it is noticed that there is apparent error on the face of record which calls for interference”, nothing has been mentioned on what was that error apparent on the face of the record – Therefore, the impugned order, allowing the review application being a cryptic and non-reasoned order, the same is unsustainable in law – Matter remitted to HC

Mar 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RATAN LAL PATEL — Appellant Vs. DR. HARI SINGH GOUR VISHWAVIDYALAYA AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Service Matters
Service

Merely because some other officers involved in the incident are exonerated and/or no action is taken against other officers cannot be a ground to set aside the order of punishment when the charges against the individual concerned – delinquent officer are held to be proved in a departmental enquiry

Mar 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTAR PRADESH AND OTHERS — Appellant Vs. RAJIT SINGH — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

You missed

Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw