Supreme Court of India Judgements

46980 Judgements hosted as on 12/12/2025 - Search (FREE), Subscribe, Read & Download

Category: Service

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 :…

Service Matters
Service

HELD the resignation letter of the respondent stood accepted on 28.05.2003 and the respondent is entitled to the benefits under the Scheme which have already been paid to the respondent albeit without prejudice to the rights and contentions of the respondent in the proceedings. The appeal is accordingly allowed

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. NEW VICTORIA MILLS AND OTHERS — Appellant Vs. SHRIKANT ARYA — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. )…

Service Matters
Service

HELD this court will have to apply the theory of justice and adopt a problem-solving approach. Having appointed persons and found them suitable, while creating a situation which could have been avoided, the managements will have to take up their responsibility. If imparting education is seen to be in public interest, such institutions have duties to their employees as well. Certainly, the appellants cannot be made to continue them by making a contribution towards their salary by way of aid.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTAR PRADESH AND OTHERS — Appellant Vs. PRINCIPAL ABHAY NANDAN INTER COLLEGE AND OTHERS — Respondent ( Before : Sanjay Kishan…

Service Matters
Service

Service matter – High Court was not justified and had fallen into error. This is for the reason that the information furnished under the RTI Act showing the name of the respondent at Serial No.301, having obtained 114.80 marks was the select list which was prepared for the first time, which was the subject matter of litigation; had been set aside and was therefore not reckonable. In the re-select list, the name of the respondent is shown at Serial No. 474 having obtained 109.86 marks.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ODISHA AND OTHERS — Appellant Vs. ARATI MOHAPATRA — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil Appeal…

Service Matters
Service

Reinstatement – Misconduct – Assaulting senior official – Aims and object of the appellant and the serious nature of misconduct proved against the respondent, instead of granting reinstatement, by balancing the conflicting interests, appropriate compensation needs to be awarded – Moreover, considering the nature of the misconduct proved against the respondent, the grant of reinstatement will not be in the interest of justice – Long gap of 17 years will be also one of the considerations for not granting reinstatement

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL GANDHI MUSEUM — Appellant Vs. SUDHIR SHARMA — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil Appeal Nos.…

Service Matters
Service

HELD direct the respondent(s) to give effect to the judgment of the High Court dated 04.11.2011 which had affirmed the order of the Tribunal dated 08.04.2010 by recalling orders of reversion, if any, and extending monetary benefits to the appellants herein and thereafter, to consider their cases under the Voluntary Retirement Scheme (VRS) if they have so applied and if their applications are in order. No costs.

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH  MEDINI. C AND OTHERS ETC. ETC. — Appellant Vs. BHARAT SANCHAR NIGAM LIMITED AND OTHERS ETC. ETC. — Respondent ( Before : L. Nageswara…

Service Matters
Service

Constitution of India, 1950 – Articles 14 and 16 – Educational qualification is a valid ground for classification between persons of the same class in matters of promotion and is not violative of Articles 14 and 16 of the Constitution. HELD Separate eligibility conditions for promotion to supernumerary Assistant Engineers posts on the basis of educational qualification is in line with the past promotion practices of Kolkata Municipal Corporation and is not an unreasonable classification.

Sep 26, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH  CHANDAN BANERJEE AND OTHERS — Appellant Vs. KRISHNA PROSAD GHOSH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and…

Service Matters
Service

Burden of proof in the departmental proceedings is not of beyond reasonable doubt as is the principle in the criminal trial but probabilities of the misconduct – Allegations in the chargesheet that the writ petitioner has fired from the official weapon is a reliable finding returned by the Departmental Authorities on the basis of evidence placed before them. It is not a case of no evidence, which alone would warrant interference by the High Court in exercise of power of judicial review. HELD the order of punishment of dismissal passed as affirmed in appeal and revision stands restored – Appeal allowed.

Sep 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  UNION OF INDIA AND OTHERS — Appellant Vs. DALBIR SINGH — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ ) Civil Appeal…

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Cr P C

Criminal Procedure Code (CrPC), 1973 — Section 436-A — Applicability — Undertrial detention exceeding half of maximum sentence — Section 436-A mandates release of undertrial prisoners who have undergone detention extending up to one-half of maximum period of imprisonment specified for the offence, unless further detention is ordered with reasons — Exception: This provision is explicitly inapplicable to offences for which the punishment of death has been specified as one of the possible punishments under that law. (Paras 7, 9.2, 11)

Dec 12, 2025 sclaw
Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8(c) read with 20(b)(ii)(C) and 29(1) — Conviction for possession of commercial quantity of ganja (23.500 kg) and conspiracy — Appeal against concurrent findings of lower courts — Absence of independent witnesses — Failure to secure independent witnesses is not fatal to the prosecution case, especially under the NDPS Act, if the testimonies of official witnesses are consistent, coherent, and credible, and no material doubt is raised in cross-examination. (Paras 12, 18, 20, 21, 22)

Dec 12, 2025 sclaw
General Insurance Service

Insurance Scheme — PMGKY Package — Requisition of Services of Private Doctors — The invocation of special laws (Epidemic Diseases Act, 1897) and implementing regulations (Maharashtra COVID-19 Regulations, 2020), coupled with executive actions such as the NMMC notice directing private dispensaries to remain open under threat of penal action (IPC S. 188), constitutes a “requisition” of services for doctors and health professionals under the scheme requirements — A narrow interpretation of “requisition” requiring specific individual appointment letters is rejected due to the compelling, emergent circumstances of the pandemic. (Paras 23-26, 30(a))

Dec 12, 2025 sclaw
Property Matters Rent

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Scope and Applicability — Overriding Effect over State Rent Control Legislations — Whether PP Act 1971 prevails over State Rent Control Acts (such as Maharashtra Rent Control Act, 1999 or Delhi Rent Control Act, 1958) regarding eviction from ‘Public Premises’ defined under Section 2(e) — Both PP Act 1971 and State Rent Control Acts are special laws; conflict resolved by legislative purpose and policy, which dictates that PP Act 1971 must prevail — A person in unauthorised occupation of public premises cannot invoke the protection of the Rent Control Act. (Paras 2, 5.6.3, 5.7.1, 5.8.2, 13(i), 13(ii), 13(iv))

Dec 12, 2025 sclaw