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

Disciplinary proceeding – Procedure for imposing major penalties – Memorandum of charges -Allegations against the appellant are serious in nature and ought not to be scuttled on purely technical ground. But the Tribunal in the judgment which was set aside by the High Court had reserved liberty to issue a fresh memorandum of charges under Rule 14 of CCS (CCA) Rules, 1965 as per Rules laid down in the matter, if so advised. Thus, the department’s power to pursue the matter has been reserved and not foreclosed.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUNNY ABRAHAM — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Aniruddha Bose, JJ. ) Civil…

Service Matters
Service

Appointment to NCC Constable – respondent No.1 did not produce the photocopy of the NCC ‘B’ certificate alongwith the original application as per the advertisement and the same was submitted after a period of three years from the cut-off date and that too after the physical test, he was not entitled to the additional five marks of the NCC ‘B’ certificate

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  THE STATE OF BIHAR AND OTHERS — Appellant Vs. MADHU KANT RANJAN AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

Service Matters
Service

Prosecution has failed to prove the charges under Sections 409, 420 and 477A IPC against the Appellant beyond reasonable doubt. As a necessary corollary thereto, his conviction under Section 13(2) read with Section 13(1)(d) of the PC Act can also not be sustained HELD standard of proof to establish a misconduct in a domestic enquiry i.e. even preponderance of evidence, is drastically different to those of proving a ‘criminal charge’ beyond any reasonable doubt Therefore not entitle him to initiate a second round of lis to seek his reinstatement or to claim other service benefits from the Bank.

Dec 16, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH N. RAGHAVENDER — Appellant Vs. STATE OF ANDHRA PRADESH, CBI — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli, JJ.…

Service Matters
Service

Uttar Pradesh Government Servants Seniority Rules, 1991 – Rule 5 and 8 – Challenge to seniority – It is well settled that impleadment of a few of the affected employees would be sufficient compliance of the principle of joinder of parties and they could defend the interest of all affected persons in their representative capacity – Non-joining of all the parties cannot be held to be fatal

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH AJAY KUMAR SHUKLA AND OTHERS — Appellant Vs. ARVIND RAI AND OTHERS — Respondent ( Before : Dr. D.Y. Chandrachud, Vikram Nath and B.V.…

Service Matters
Service

Industrial Disputes Act, 1947 – Section 11A – Misconduct – Conductor not issue tickets to 17 passengers -The initiation of criminal proceedings against an employee or not initiating the proceedings has no bearing to prove misconduct in departmental proceedings – Order of removal from service cannot be said to be unfair and unjust in any manner which would warrant an interference at the hands of the Tribunal and the High Court – Appeal allowed.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION — Appellant Vs. GAJADHAR NATH — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Service Matters
Service

Service Law – Regularization of Ad-hoc employees – Seniority – employees qualified typing test at the later stage, in absence of the scheme of rules in determining seniority, at least could not have a right to march over such of the employees who were appointed on substantive basis after going through the process of selection for holding regular selection and their right of seniority in no manner be relegated qua such of the ad-hoc employees

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHYAM SUNDER OBEROI AND OTHERS — Appellant Vs. DISTRICT AND SESSION JUDGE TIS HAZARI COURT, DELHI AND OTHERS — Respondent ( Before : Ajay…

Service Matters
Service

Service Law – Back-wages – In the case of wrongful termination of service, reinstatement with continuity of service and back-wages is normal rule and the adjudicating authority to take into consideration the length of service of the employee, nature of misconduct, financial condition of the employer and similar other factors – High Court has correctly granted 50% of the back wages to the respondent.

Nov 29, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. RAM BAHADUR YADAV — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. )…

Service Matters
Service

Service Law – Charge of causing loss – Recovery – Whether the High Court ought to have maintained the punishment order for recovery of Rs.2,46,922.56, which was also held to be proved by the Enquiry Officer – Held, It is required to be noted that in so far as the charge of causing loss to the extent of Rs.2,46,922.56, it was held to be proved by the Enquiry Officer

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH FOREST CORPORATION LUCKNOW AND OTHERS — Appellant Vs. VIJAY KUMAR YADAV AND ANOTHER — Respondent ( Before : M.R. Shah and B.V.…

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Accident

Legal Representatives Can Claim Motor Accident Compensation Even Without Financial Dependency On Deceased

Aug 16, 2026 sclaw
Property Matters Transfer Of Property Act

Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist.

Aug 16, 2026 sclaw
C P C

Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits.

Aug 16, 2026 sclaw
Customs & Excise

Extended Period Of Limitation Under Proviso To Section 11A, Central Excise Act Cannot Be Invoked When Facts Are Known To Department Without Wilful Suppression A. Central Excise Act, 1944 — Section 35L — Maintainability of appeal before Supreme Court — Preliminary objection raised by Department that appeal does not come under Section 35L as issue had no relation to rate of duty or valuation — Held, issue raised regarding extended period of limitation on ground of non-inclusion of certain costs in assessable value has an inextricable link with valuation of goods for purposes of assessment — Issue raised in show cause notice fundamentally dealt with valuation of goods — Supreme Court declined to relegate matter to High Court after almost a decade of pendency — Preliminary objection rejected.

Aug 16, 2026 sclaw