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

Principle of equal pay for equal work cannot be applied merely on basis of designation – Basic nature of work of a Stenographer remained by and large the same whether they were working for an officer in the Secretariat or for an officer in a subordinate office – absolute equality ought not to be given – If one may say, there would have been no requirement to make these separate recommendations if everyone was to be treated on parity on every aspect.

Sep 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. MANOJ KUMAR AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ.…

Service Matters
Service

Post of Police Constable- Certain types of offences, like molestation of women, or trespass and beating up, assault, causing hurt or grievous hurt, (with or without use of weapons), of victims, in rural settings, can also be indicative of caste or hierarchy-based behaviour more so, in the case of recruitment for the police force, who are under a duty to maintain order, and tackle lawlessness, since their ability to inspire public confidence is a bulwark to society’s security – Appointment declined – Appeal allowed.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF POLICE — Appellant Vs. RAJ KUMAR — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat, JJ. ) Civil Appeal No.…

Service Matters
Service

EPF Pension – Principal questions arise for consideration are whether there would be a cut-off date under paragraph 11(3) of the Employees Pension Scheme and whether the decision in R.C. Gupta & Ors. Etc. etc. vs. Regional Provident Fund Commissioner Employees Provident Fund Organization & Ors. Etc., (2018) 4 SCC 809 would be the governing principle on the basis of which all these matters must be disposed of. Referred to a larger bench.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE EMPLOYEES PROVIDENT FUND ORGANISATION AND ETC. — Appellant Vs. SUNIL KUMAR B AND ETC. — Respondent ( Before : Uday Umesh Lalit and…

Service Matters
Service

‘ Creamy layer’ HELD Economic criterion cannot be the sole criterion for identifying ‘creamy layer’ – In spite of Section 5(2) of the 2016 Act making it mandatory for identification and exclusion of ‘creamy layer’ to be on the basis of social, economic and other relevant factors, the State of Haryana has sought to determine ‘creamy layer’ from backward classes solely on the basis of economic criterion and has committed a grave error in doing so

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PICHRA WARG KALYAN MAHASABHA HARYANA (REGD.) AND ANOTHER — Appellant Vs. THE STATE OF HARYANA AND ANOTHER — Respondent ( Before : L. Nageswara…

Service Matters
Service

Reservation – Employees who are members of the SC/ST/OBC – HELD Person is entitled to claim the benefit of reservation in either of the successor State of Bihar or State of Jharkhand but would not be entitled to claim the privileges and benefits of reservation simultaneously in both the States and if that is permitted, it will defeat the mandate of Articles 341(1) and 342(1) of the Constitution.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PANKAJ KUMAR — Appellant Vs. STATE OF JHARKHAND AND OTHERS — Respondent ( Before : Uday Umesh Lalit and Ajay Rastogi, JJ. ) Civil…

Service Matters
Service

Appointment of appellant can only be construed as irregular and not illegal – Appellant is held entitled to be regularized with all consequential benefits – Appeal allowed. Finding recorded by the Division Bench of the High Court in respect of nature of the appointment of the appellant being illegal is thus not liable to be sustained – Her rejection of the claim for regularization on the ground of her appointment being illegal by the impugned order is patently erroneous.

Aug 22, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEELIMA SRIVASTAVA — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : S.Abdul Nazeer and Krishna Murari, JJ. )…

Service Matters
Service

Determination of seniority – High Court by which it was resolved that the merit of candidates in LCE would not be relevant for altering inter se seniority in the feeder cadre – Seniority of the Petitioners which has been determined prior to the 2017 Rules cannot be disturbed – Petitioners will not be adversely affected by Rule 11 (4) (b) of the 2017 Rules which alters the criteria for determination of seniority from merit to inter se seniority in the lower cadre – Resolution set aside – Petition allowed.

Aug 15, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PREM NARAYAN SINGH AND OTHERS — Appellant Vs. HON’BLE HIGH COURT OF MADHYA PRADESH — Respondent ( Before : L. Nageswara Rao and Aniruddha…

Service Matters
Service

Enhancement of Age of superannuation – HELD enhancement of the age of superannuation is a ‘public function’ channelised by the provisions of the statute and the service regulations, the doctrine of promissory estoppel cannot be used to challenge the action of NOIDA – Though NOIDA sought the approval of the State government for the enhancement with ‘immediate effect’ , it never intended or portrayed to have intended to give retrospective effect to the prospectively applicable Government order

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. B. D. SINGHAL AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…

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Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.

Aug 2, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.

Aug 2, 2026 sclaw