Supreme Court of India Judgements

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

Category: Service

Service Matters
Service

Reservation – Employees who are members of the SC/ST/OBC – HELD Person is entitled to claim the benefit of reservation in either of the successor State of Bihar or State of Jharkhand but would not be entitled to claim the privileges and benefits of reservation simultaneously in both the States and if that is permitted, it will defeat the mandate of Articles 341(1) and 342(1) of the Constitution.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PANKAJ KUMAR — Appellant Vs. STATE OF JHARKHAND AND OTHERS — Respondent ( Before : Uday Umesh Lalit and Ajay Rastogi, JJ. ) Civil…

Service Matters
Service

Appointment of appellant can only be construed as irregular and not illegal – Appellant is held entitled to be regularized with all consequential benefits – Appeal allowed. Finding recorded by the Division Bench of the High Court in respect of nature of the appointment of the appellant being illegal is thus not liable to be sustained – Her rejection of the claim for regularization on the ground of her appointment being illegal by the impugned order is patently erroneous.

Aug 22, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEELIMA SRIVASTAVA — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : S.Abdul Nazeer and Krishna Murari, JJ. )…

Service Matters
Service

Determination of seniority – High Court by which it was resolved that the merit of candidates in LCE would not be relevant for altering inter se seniority in the feeder cadre – Seniority of the Petitioners which has been determined prior to the 2017 Rules cannot be disturbed – Petitioners will not be adversely affected by Rule 11 (4) (b) of the 2017 Rules which alters the criteria for determination of seniority from merit to inter se seniority in the lower cadre – Resolution set aside – Petition allowed.

Aug 15, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PREM NARAYAN SINGH AND OTHERS — Appellant Vs. HON’BLE HIGH COURT OF MADHYA PRADESH — Respondent ( Before : L. Nageswara Rao and Aniruddha…

Service Matters
Service

Enhancement of Age of superannuation – HELD enhancement of the age of superannuation is a ‘public function’ channelised by the provisions of the statute and the service regulations, the doctrine of promissory estoppel cannot be used to challenge the action of NOIDA – Though NOIDA sought the approval of the State government for the enhancement with ‘immediate effect’ , it never intended or portrayed to have intended to give retrospective effect to the prospectively applicable Government order

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. B. D. SINGHAL AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…

Service Matters
Service

Daily wagers who have completed 10 years or more of continuous service with a minimum of 240 days in each calendar year as on 31.12.1999 shall be regularized as regular employees with effect from 01.01.2000 and shall be placed in the time-scale of pay applicable to the corresponding lowest grade in the university subject to certain terms and conditions

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VICE CHANCELLOR ANAND AGRICULTURE UNIVERSITY — Appellant Vs. KANUBHAI NANUBHAI VAGHELA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Aniruddha Bose,…

Service Matters
Service

Caste Certificate Rules – High Court grossly erred in failing to appreciate that the appellant held a valid caste certificate from the competent authority in the State of Maharashtra under Rule 6(1)(a) in Form 10 in accordance with the prescribed procedure, the genuineness and validity of which was not in question before it – Furthermore, the appellant was not seeking the reserved status for the purpose of education or employment

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARUNA — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Navin Sinha and R. Subhash Reddy, JJ. ) Civil…

Service Matters
Service

Uttar Pradesh Regularisation of Ad hoc Appointments HELD Determination of Seniority – Services rendered by the ad hoc appointees prior to their regularisation as per the 1979 Rules shall not be counted for the purpose of seniority, vis-à-vis, the direct recruits who were appointed prior to 1989 and they are not entitled to seniority from the date of their initial appointment in the year 1985.

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RASHI MANI MISHRA AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

Service Matters
Service

Penalty of compulsory retirement from the post of Additional District and Sessions Judge – Multiple transactions showing deposits and withdrawals of substantial amounts of money, it cannot be said that Full Court was not justified in taking the view that it did – Compulsory retirement upheld

Aug 4, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJINDER GOEL — Appellant Vs. HIGH COURT OF PUNJAB AND HARYANA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Ajay Rastogi,…

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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