Supreme Court of India Judgements

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

Category: Service

Service Matters
Service

In the present case, 440 vacancies were advertised; they were to be considered together; obviously, in respect of older vacancies which arose for previous years, the qualifications applicable for the vacancy years were applicable – None of the appellants disputed that they were ineligible in terms of the old rules, as they did not hold the requisite intermediate qualifications in the science stream – Appellants’ contention, in this regard too, consequently fails – Appeal dismissed.

Mar 29, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUMAN DEVI AND OTHERS — Appellant Vs. STATE OF UTTARAKHAND AND OTHERS — Respondent ( Before : L. Nageswara Rao and S. Ravindra Bhat,…

Service Matters
Service

Suspension – Manipulation in weight measurement – Chairman of the Administrative Committee to be a Disciplinary Authority – Since the Chairman of the Administrative Committee happens to be the Registrar, the decision to impose punishment may not require prior approval

Mar 28, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH CHAIRMAN ADMINISTRATIVE COMMITTEE U.P. MILK UNION AND DAIRY FEDERATION CENTRALIZED SERVICES — Appellant Vs. JAGPAL SINGH — Respondent ( Before : Uday Umesh Lalit,…

Service Matters
Service

Held, Selection in respect of 3295 posts was undertaken in accordance with the directions issued by this Court in Ashish Kumar Yadav and Ors. vs. State, (2018) 17 SCC 398, State Government and its functionaries were obliged to go strictly in order of merit and apply the principle of reservation with the availability of 3295 additional posts, in the re-working exercise, if the candidates who were already selected against reserved posts were entitled to be considered against open category posts, that exercise cannot be termed as illegal or invalid on any count.

Mar 21, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH PRAMOD KUMAR SINGH AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S. Ravindra…

Service Matters
Service

Principle of `equal pay for equal work’, in relation to temporary employees (daily-wage employees, ad-hoc appointees, employees appointed on casual basis HELD that all the concerned temporary employees, in the present bunch of cases, would be entitled to draw wages at the minimum of the pay-scale (-at the lowest grade, in the regular pay-scale), extended to regular employees, holding the same post.

Feb 28, 2021 sclaw

SUPREME COURT OF INDIA Before:- Jagdish Singh Khehar and S.A. Bobde, JJ. Civil Appeal No. 213 Of 2013. D/d. 26.10.2016. State of Punjab & Ors. – Appellants Versus Jagjit Singh…

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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