Supreme Court of India Judgements

46735 Judgements hosted as on 16/02/2025 - Search (FREE), Subscribe, Read & Download

Category: Service

Service Matters
Service

Class-IV employee, when in financial hardship, may represent directly to the superior but that by itself cannot amount to major misconduct for which punishment of termination from service should be imposed – It is trite law that ordinarily the findings recorded by the Inquiry Officer should not be interfered by the appellate authority or by the writ court – Appellant is reinstated in service with all consequential benefits – Order of termination set-aside – Appeal allowed.

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHATRAPAL — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : B.R. Gavai and Prashant Kumar Mishra, JJ. )…

Service Matters
Service

No finding has been recorded by the authorities that the army personnel had as of fact, produced such certificates or that their explanation claiming that no such certificates were furnished by them is completely false – In effect, the authorities have not dealt with the explanations/claims of army personnel – Army personnel shall be reinstated with all consequential benefits – Appeals allowed.

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NO.2809759H EX-RECRUIT BABANNA MACHCHED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal, JJ.…

Service Matters
Service

Gujarat Civil Services (Pension) Rules, 2022 – Rule 25 – Pension – It is well settled that pension scheme(s) floated by the State Government form a part of delegated beneficial legislation; and ought to be interpreted widely subject to such interpretation not running contrary to the express provisions of the Pension Rules – Furthermore, it would be relevant to underscore that the State Government is a model employer; and ought to uphold principles of fairness and clarity.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VINOD KANJIBHAI BHAGORA — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : Vikram Nath and Satish Chandra Sharma, JJ. )…

Service Matters
Service

Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules, 2001 – Rules 11, 14 and 30 – Judicial Service – Change of Selection criteria – Selection process of District Judge Cadre – Part of the Full Court Resolution of the Jharkhand High Court dated 23.03.2023 by which it was decided that only those candidates who have secured at least 50% marks in aggregate shall be qualified for appointment to the post of District Judge is quashed – Writ petitions allowed.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUSHIL KUMAR PANDEY AND OTHERS — Appellant Vs. THE HIGH COURT OF JHARKHAND AND ANOTHER — Respondent ( Before : Aniruddha Bose and Sanjay…

Service Matters
Service

CSIR’s argument that respondent no. 1 was not graded as ‘Good’ whereas respondent nos. 2 & 3 were graded as ‘Very Good’ was irrelevant because the promotion of respondent nos. 2 & 3 had been interfered with by the High Court holding them to be ineligible for the post – In view of the above facts, the Court held that the action of the appellant-CSIR in denying promotion to respondent no. 1 upon the post of Under Secretary was rightly reversed by the High Court.

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DIRECTOR GENERAL, COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH(CSIR) — Appellant Vs. J.K. PRASHAR AND OTHERS — Respondent ( Before : Pamidighantam Sri Narasimha and…

Service Matters
Service

Assam Police Act, 2007 – Section 14(2) – Assam Police Manual – Rule 63(iii) – Deputy Commissioner would not be competent to assess the overall performance of Superintendent of Police (SP) – Rule 63(iii) of Assam Police Manual invalid on the ground that it is in direct conflict with Section 14(2) of the Assam Police Act, 2007

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF ASSAM AND OTHERS — Appellant Vs. BINOD KUMAR AND OTHERS — Respondent ( Before : Aniruddha Bose and Sanjay Kumar, JJ.…

Service Matters
Service

Service Law – Recovery of personal/promotional pay scale benefits – Benefit of a personal/promotional pay scale was granted to Appellants/Ayurvedic Medical Officers by the State of Uttarakhand – Benefit was withdrawn under a subsequent decision of the State of Uttarakhand – By the order dated 8th November 2006, the personal time-bound pay scale was granted to the appellants, subject to the condition that if the Government takes any decision to the contrary, the amount will be recovered from the salary of the concerned medical officers – Recovery order upheld – Appeal dismissed.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. BALBIR SINGH BHANDARI — Appellant Vs. THE STATE OF UTTARAKHAND AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal,…

Service Matters
Service

The state argued the forgery was serious misconduct and made appointments illegal – The Supreme Court allowed the appeals and ruled that the appellants were entitled to continue in their service – The court found no evidence of wrongdoing by the Appellants and directed the State to pay the appellants’ salaries with arrears and continue their service.

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RADHEY SHYAM YADAV AND ANOTHER ETC — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan,…

Constitution Service

Article 229 of the Constitution does not grant the Chief Justice the power to make rules regarding the post-retiral benefits of former judges – The State Government has the legislative power to make laws regarding the post-retiral benefits of its employees, including former High Court judges.

Jan 3, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH THE STATE OF UTTAR PRADESH AND OTHERS — Appellant Vs. ASSOCIATION OF RETIRED SUPREME COURT AND HIGH COURT JUDGES AT ALLAHABAD AND OTHERS —…

You missed

C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw
Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw
Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw
Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw