Supreme Court of India Judgements

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Category: Service

Service Matters
Service

Gratuity Payable On Resignation From Employment After 5 Years Of Continuous Service: SC HELD ” As rightly pointed out by the learned counsel for the respondents, Section 4(1)(b) of the Payment of Gratuity Act, 1972 provides that the gratuity shall be payable if the termination of employment is after 5 years of continuous service and such termination would include resignation as well.

Apr 16, 2020 sclaw

Gratuity Payable On Resignation From Employment After 5 Years Of Continuous Service: SC [Read Judgment] LIVELAW NEWS NETWORK 16 April 2020 8:09 AM ‘Termination’ under Section 4(1)(b) of Payment of…

Service Matters
Service

HELD As per the Government letter Centre has been merged with Institute of Distance Education, what are the consequences of merger of Centre with Institute of Distance Education have neither been explained by the appellant nor there are any material to come to the conclusion that by such merger the Centre shall become Centre maintained by the University. Appeal dismissed.

Apr 9, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. GOPINATHAN PILLAI — Appellant Vs. UNIVERSITY OF KERALA AND OTHERS — Respondent ( Before : Ashok Bhushan and M.R. Shah, JJ. ) Civil…

Service Matters
Service

[Haryana PTI Selections] Principle Of Estoppel Does Not Apply When There Were Glaring Illegalities In Candidate Selection Procedure: SC HELD that the preposition that a candidate, who participates in a selection without a demur taking a calculated chance to get selected cannot turn around and challenge the criteria of selection and the constitution of the selection committee is well settled.

Apr 9, 2020 sclaw

[Public Employment] Principle Of Estoppel Does Not Apply When There Were Glaring Illegalities In Candidate Selection Procedure: SC [Read Judgment] LIVELAW NEWS NETWORK 9 April 2020 12:42 PM The Supreme…

Service Matters
Service

Service Law – Disaster Management Act, 2005 – Section 44 – Disaster Management (National Disaster Response Force) Rules, 2008 – Rule – 75 – Deputation Allowance – Jurisdiction of High Court – Till 11.09.2009 the respondent continued to be under the control of his parent organisation i.e. CISF and was also getting his pay and allowances from the said authority. Therefore, though he as a member of his Battalion may have been serving the NDRF, it cannot be said that he was on deputation to the NDRF

Apr 3, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. R. THIYAGARAJAN — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil Appeal…

Service Matters
Service

Constitution of India, 1950 – Article 142 – Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988 – Rule 6B – A candidate who is not eligible on the last date of submission of application cannot be treated to be eligible in the category of Ex-servicemen when the writ petitioners were in active service on the last date of submission of application forms

Mar 31, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJASTHAN PUBLIC SERVICE COMMISSION, AJMER AND ANOTHER — Appellant Vs. SHIKUN RAM FIRUDA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and…

Service Matters
Service

Constitution of India, 1950 – Articles 14 and 16 – Delhi Police (Appointment & Recruitment) Rules, 1980 – Rules 7 and 27A – Head Constable – Promotion – It is a settled law that prescribing of any age limit for a given post, as also deciding the extent to which any relaxation can be given if an age limit is prescribed, are essentially the matters of policy. HELD Prescription of such limit or the extent of relaxation to be given, cannot ordinarily be termed as arbitrary or unreasonable.

Mar 20, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH SUBODH KUMAR AND OTHERS — Appellant Vs. COMMISSIONER OF POLICE AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Ajay…

Service Matters
Service

Constitution of India, 1950 – Articles 14 and 311 – Misdemeanour and corruption in discharge of judicial functions were received during the probation period. HELD If the genesis of the order of termination of service lies in a specific act of misconduct, regardless of over all satisfactory performance of duties during the probation period, the Court will be well within its reach to unmask the hidden cause and hold that the simplicitor order of termination

Mar 18, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH RAJASTHAN HIGH COURT — Appellant Vs. VED PRIYA AND ANOTHER — Respondent ( Before : S.A. Bobde, CJI., B.R. Gavai and Surya Kant.,…

Service Matters
Service

Bharat Petroleum Limited Conduct, Discipline and Appeal Rules for Management Staff, 1976 – Rules 3(e), 3(g) and 3(h) – Punishment of dismissal – Corporation is aggrieved to the extent the impugned order sets aside the order of punishment on the ground that the chargesheet had not been issued by the disciplinary authority. The employee is aggrieved by the grant of liberty to the Corporation for issuance of fresh chargesheet, and denial of back wages while granting reinstatement. In the interregnum, the employee has attained the age of superannuation HELD The term Competent Authority will include a disciplinary authority so authorised in the manner prescribed in 3(h) under the delegation of authority manual. Appeal Allowed

Mar 18, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHARAT PETROLEUM CORPORATION LIMITED AND OTHERS — Appellant Vs. ANIL PADEGAONKAR — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ ) Civil…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw