Supreme Court of India Judgements

46400 Judgements hosted as on 14/04/2024 - Search (FREE), Subscribe, Read & Download

Category: Service

Service Matters
Service

HELD that where the initial appointment is only ad hoc and not according to Rules and made as a stop gap arrangement, the officiation in such post cannot be taken into account for determining seniority. It was further held that the period of officiation can be counted if the initial appointment is not made by following the procedure laid down by the Rules but the appointees continued in the post uninterruptedly till the regularisation of his service in accordance with the Rules

Feb 17, 2020 sclaw

UPREME COURT OF INDIA DIVISION BENCH VINOD GIRI GOSWAMI AND OTHERS — Appellant Vs. THE STATE OF UTTARAKHAND AND OTHERS — Respondent ( Before : L. Nageswara Rao and Deepak…

Service Matters
Service

Appellant has to be reinstated with continuity of service from the date of his initial appointment as full-time Gallery Attendant in July 2002, but without back wages for the period between 18.12.2012 to 22.08.2013, when the Appellant did not work. The Appellant shall, however, be entitled to differential salary, if any, between the post of full-time Gallery Attendant and part-time Gallery Attendant from 25th July 2002 onwards

Feb 17, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VINOD RAVJIBHAI RAJPUT — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : Indira Banerjee and A.S. Bopanna, JJ. ) Civil…

Service Matters
Service

STA Rules – Rule 5 – Seniority and pensionary benefits – Appellants are not entitled to have seniority determined in respect of vacancies of Inspector which arose prior to 07.12.2002 – Appellants are eligible to be considered for promotion from 20.01.2003 and they are entitled to add their service as Data Entry Operator Grade ‘B’ for the purpose of the 2002 Inspector Rules HELD This Court direct that the promotions shall be notional where promotions have already been effected, however, entitling the parties to seniority and pensionary benefits

Feb 6, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH D. RAGHU AND OTHERS — Appellant Vs. R. BASAVESWARUDU AND OTHERS ETC. — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ.…

Service Matters
Service

Indian Railway Establishment Manual – Clause 129 – Modified Assured Career Progression Scheme – Appointment – Entitlement to Financial upgradation-Tribunal would independently apply their mind to the facts and the legal position after calling upon the appellant, that is, the Southern Railway, Trivandrum and the respondents, that is, the original applicants before the Tribunal to file additional affidavits, if required and necessary

Feb 4, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. ROSAMMA BENNY AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna, JJ.…

You missed

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