Supreme Court of India Judgements

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

Category: Service

Service Matters
Service

Qualifications and Mode of Recruitment – Rules were issued by the High Court in exercise of the power under the Constitution of Jammu & Kashmir – These Rules had the approval of the Governor also – Therefore, the contention of the respondents that the office order issued by the Chief Justice was ultra vires, is completely untenable.

Jan 19, 2021 sclaw

1/8 SUPREME COURT OF INDIA FULL BENCH ASHOK KUMAR AND OTHERS ETC. ETC. — Appellant Vs. THE STATE OF JAMMU AND KASHMIR AND OTHERS — Respondent ( Before : S.A.…

Service Matters
Service

Candidates who have ranked lower in the 2019 selection and were unable to obtain appointments cannot appropriate the vacancies of a subsequent year to themselves – To allow such a claim would be an egregious legal and constitutional error – Judgment of the High Court cannot be sustained – Appeal allowed.

Jan 17, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH HIGH COURT OF KERALA — Appellant Vs. RESHMA A. AND OTHERS ETC. — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Indira Banerjee,…

Service Matters
Service

CAS promotion, the incumbent teacher must have holding a substantive sanctioned post, as much as CAS promotion being a personal promotion to the incumbent teacher – promotion under the scheme, is to be given benefit only from the entry of service of such incumbent into the University – Action of university upheld writ dismissed

Dec 17, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH REGISTRAR, KARNATAKA UNIVERSITY AND ANOTHER — Appellant Vs. DR. PRABHUGOUDA AND ANOTHER — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R.…

Service Matters
Service

Respondent could not be treated to be part of Category ‘C’ from the date of his initial appointment i.e. 1.8.1985 as he was neither a graduate nor a trained teacher when he was appointed. Also, Respondent was not even a trained teacher on the date of his appointment and thus cannot claim seniority on such ground from the date of his initial appointment – Appeal allowed.

Dec 15, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH MADHAVI — Appellant Vs. CHAGAN AND OTHERS — Respondent ( Before : L. Nageswara Rao, Hemant Gupta and Ajay Rastogi, JJ. ) Civil Appeal…

Service Matters
Service

Allocation of employees – Power sector undertakings in the States of Telangana and Andhra Pradesh – One-Man Committee having completed the process of allocation, the allocation cannot be challenged by any employee or officer or any utility before any forum.

Dec 13, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH TELANGANA POWER GENERATION CORPORATION LTD. (TSGENCO) — Appellant Vs. ANDHRA PRADESH POWER GENERATION CORPORATION LTD. — Respondent ( Before : Ashok Bhushan and M.R.…

Service Matters
Service

If an appointment is made illegally or irregularly, the same cannot be made the basis of further appointment and erroneous decision cannot be permitted to perpetuate further error to the detriment of the general welfare of the public or a considerable section. (See : Union of India and Another vs. Kartick Chandra Mondal and Others, (2010) 2 SCC 422)

Dec 6, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH PANKJESHWAR SHARMA AND OTHERS — Appellant Vs. STATE OF JAMMU & KASHMIR AND OTHERS — Respondent ( Before : L. Nageswara Rao, Hemant Gupta…

Service Matters
Service

Time bound promotional scale – Claim of the appellants of discrimination and arbitrariness on the basis of time bound promotional scale granted to juniors is not found to be sustainable – Appellants are not entitled to time bound promotional scale on the basis of parity in the other cases

Dec 6, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH INDERJIT SINGH SODHI AND OTHERS — Appellant Vs. THE CHAIRMAN, PUNJAB STATE ELECTRICITY BOARD AND ANOTHER — Respondent ( Before : L. Nageswara Rao,…

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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