Supreme Court of India Judgements

47030 Judgements hosted as on 11/01/2026 - Search (FREE), Subscribe, Read & Download

Category: Service

Service Matters
Service

Service Law – Selection – HELD determining the legality of the selection list and perusing the entire selection list to determine whether the selection of the appellant was arbitrary was erroneous as the Division Bench transgressed the limits of challenge in the writ petition – Impugned judgment and order of High Court set aside – Appeal allowed.

Oct 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRI SRINIVAS K GOUDA — Appellant Vs. KARNATAKA INSTITUTE OF MEDICAL SCIENCES AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

Service Matters
Service

Rajasthan Panchayati Raj Act, 1994 – Section 91(3) – Rajasthan Services Rules, 1951 – Rule 86 – Termination – HELD Single Judge erred in entertaining the petition in the year 2012 challenging the order of termination passed in the year 1996, on the ground of delay and laches and more particularly when even otherwise if the termination order would not have been passed the deceased employee would have retired on attaining the age of superannuation in the year 1999.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF RAJASTHAN AND OTHERS — Appellant Vs. SURJI DEVI — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil…

Service Matters
Service

Part-time temporary employees in a Government run institution cannot claim parity in salary with regular employees of the Government on the principle of equal pay for equal work – Regularization can be only as per the regularization policy declared by the State/Government and nobody can claim the regularization as a matter of right dehors the regularization policy

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. ILMO DEVI AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. )…

Service Matters
Service

Service Law – HELD Firstly, the first appellant found that the respondent is not suitable for re-appointment, which was approved by the other authorities. Therefore, the employer has taken a conscious decision in the interest of the society. Secondly, it is not a case of extension in which case maybe the confirmation by “ACC” would have been warranted. We may also note that all the appellants, including the Hon’ble Minister, have approved the subsequent decision to go for a fresh recruitment by taking note of the larger public interest.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. N MURUGESAN ETC. — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. )…

Service Matters
Service

HELD the grievance of the respondent is not sustainable for the reason that the post of Assistant Public prosecutor is included in the Schedule appended to the Uttar Pradesh Transport (Subordinate) Prosecution Service Rules, 1979 (for short ‘the 1979 Rules’) which was published in the extraordinary Gazette on 27.07.1979 and in terms of Rule 5 of the 1979 Rules. Appeal Allowed

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF U.P. AND ANOTHER — Appellant Vs. SHYAM LAL JAISWAL — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. )…

Service Matters
Service

If a person is acquitted giving him the benefit of doubt, from the charge of an offence involving moral turpitude or because the witnesses turned hostile, it would not automatically entitle him for the employment -HELD It is clear the respondent who wishes to join the police force must be a person of utmost rectitude and have impeccable character and integrity – A person having a criminal antecedents would not be fit in this category

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. METHU MEDA — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Civil Appeal…

Service Matters
Service

Only issue which is required to be considered is whether the arrears ought to have been restricted to three years preceding the filing of the writ petition? Every time the teachers were not supposed to approach the appropriate authority for getting the benefit as and when there is a revision of pay as per the pay commission recommendations. Appeal dismissed

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KERALEEYA SAMAJAM AND ANOTHER — Appellant Vs. PRATIBHA DATTATRAY KULKARNI (DEAD) THROUGH LRS AND OTHERS — Respondent ( Before : M.R. Shah and A.S.…

Service Matters
Service

HELD upper age limit as directory would be conferring unbridled power in the executive to choose persons of their choice by relaxing the age beyond 35 years. In such case, the provision would have to be declared as unconstitutional – High Court has correct in opinion that 35 years is the upper age limit for appointment as Rehbar-e-Taleem (Recruitment of teachers in primary schools across the state of Jammu and Kashmir) scheme and cut-off date was not eligible for appointment.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JAMMU AND KASHMIR AND OTHERS — Appellant Vs. SHAHEENA MASARAT AND ANOTHER — Respondent ( Before : L. Nageswara Rao and…

Service Matters
Service

Held, In the absence of the recommendations made by the review selection committee pursuant to which the appointments were made by notifications, being challenged, there was no justification for the High Court to pass such omnibus directions more particularly when the officer on whose insistence the writ petition was filed, stood retired from service in November 1996 on attaining the age of superannuation – Impugned order passed by High Court is unsustainable

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA, THROUGH THE SECRETARY MINISTRY OF ENVIRONMENT AND FOREST — Appellant Vs. TRILOK S. BHANDARI AND OTHERS — Respondent ( Before :…

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Arbitration

Arbitration and Conciliation Act, 1996 — Sections 5, 34, and 37 — Scope of Judicial Intervention — Minimum intervention of judicial authority in domestic arbitration matters is required under Section 5 — Challenge to an arbitral award under Section 34 is limited to specific grounds, including patent illegality or conflict with the public policy of India — Scope of interference by the Appellate Court under Section 37 is akin to and cannot travel beyond the restrictions laid down under Section 34 — Appellate Court cannot undertake an independent assessment of the merits of the award or re-interpret contractual clauses if the interpretation by the Arbitral Tribunal was a plausible view and upheld under Section 34 — Setting aside an arbitral award under Section 37, which was upheld under Section 34, based on providing a different interpretation of contractual clauses is unsustainable in law. (Paras 24, 25, 30, 31, 36, 37, 39, 50, 51)

Jan 11, 2026 sclaw
Limitation

Limitation Act, 1963 — Article 54 — Suit for specific performance — Commencement of limitation period — Where the defendant subsequently executed an affidavit ratifying the agreement to sell and conveying no-objection to the transfer, the period of limitation commences from the date of the admitted affidavit, as this is the stage at which the executant finally refused to execute the sale deed to the extent of her share — Trial court and High Court erred in dismissing the suit on the ground of limitation calculated from an earlier disputed date. (Paras 13, 35, 36, 37)

Jan 11, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 9(2) read with Rule 9(4) of 2001 Rules — Setting aside High Court judgment — High Court erroneously treated the date of filing of the Section 11 petition (28.06.2024) as the commencement date, leading to the conclusion that proceedings commenced beyond the statutory period — Where the arbitration notice was served (on 11.04.2024) well within the 90-day period from the ad-interim injunction order (17.02.2024), proceedings commenced in time as per Section 21 — High Court’s finding unsustainable, resulting in the restoration of the Trial Court’s initial ad-interim injunction order. (Paras 28, 31, 32) E. Arbitration and Conciliation Act, 1996 — Section 9 — Interim injunction — Dispute regarding existence

Jan 11, 2026 sclaw
Corporate

Motor Vehicles Act, 1988 — Section 2(28) — Definition of “motor vehicle” — Components — Definition has two parts: an inclusive part (mechanically propelled vehicle adapted for use upon roads) and an exclusive part — The second part expressly excludes “a vehicle of a special type adapted for use only in a factory or in any other enclosed premises” — Although Dumpers, Loaders, etc., may fall under the first part of the definition, they are excluded if their nature of use is confined to factory or enclosed premises, being special type vehicles/Construction Equipment Vehicles. (Paras 36, 37, 38, 39)

Jan 11, 2026 sclaw