Supreme Court of India Judgements

47295 Judgements hosted as on 02/08/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Category: Service

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. )…

Service Matters
Service

Rajasthan Judicial Services Rules, 2010 HELD The non-communication of the ACRs to the appellant has been proved to be arbitrary and since the respondent choose to hold an enquiry into appellant’s alleged misconduct, the termination of his service is by way of punishment because it puts a stigma on his competence and thus affects his future career. In such a case, the appellant would be entitled to the protection of Article 311(2) of the Constitution.

Mar 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABHAY JAIN — Appellant Vs. THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Vineet…

Service Matters
Service

HELD the very objectives of holding back pension or the DCRG. One can be to recover the amounts found due from the delinquent employee of any nature whatsoever after appropriate notice and proceedings. The second eventuality is if an employee is dismissed from service. It can hardly be doubted that in the second eventuality of the dismissal from service the employee would lose all retirement benefits.

Mar 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT AND OTHERS ETC. — Appellant Vs. K. CHANDRAN ETC. — Respondent ( Before : Sanjay Kishan Kaul and…

Service Matters
Service

HELD It is also contrary to the stated objective sought to be achieved by Para 3 of the 1986 OM, which is to “present practice of keeping vacant slots for being filled up by direct recruits of later years, thereby giving them unintended seniority over promotees who are already in position, would be dispensed with. ” The promotions of the PRIs before this court therefore, have to be treated as regular. HC was in error.

Mar 18, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH B.S. MURTHY AND OTHERS — Appellant Vs. A. RAVINDER SINGH AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and…

Service Matters
Service

Madhya Pradesh Nagar Tatagram Nivesh Adhiniyam, 1973 – Gwalior Development Authority – determining seniority w.e.f. 1994, when first respondent would complete 12 years as Sub Engineer, it is tied up with the issue of the illegality of his promotion in 1987 without completing 12 years. More importantly, even proceeding to discern any merit that seniority should, at least, be governed with reference to the requirement of 12 years, in the facts of this case, in facts of case dismissed

Mar 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GWALIOR DEVELOPMENT AUTHORITY GWALIOR — Appellant Vs. SUBHASH SAXENA AND OTHERS — Respondent ( Before : K.M Joseph and S. Ravindra Bhat, JJ. )…

Service Matters
Service

Delhi Judicial Service Rules 1970 – Rule 14(c) – HELD permit the High Court as a one-time measure to allow those candidates who were within the age cut-off of 45 years during the recruitment years 2020 and 2021 to participate in the ensuing DHJS examinations – the last date for the receipt of applications shall stand extended to 26 March 2022 while the examination shall be held on 3 April 2022, in those terms

Mar 18, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH HIGH COURT OF DELHI — Appellant Vs. DEVINA SHARMA — Respondent ( Before : Dr Dhananjaya Y Chandrachud, A S Bopanna and Hima Kohli,…

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Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.

Aug 2, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.

Aug 2, 2026 sclaw