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

Payment of Gratuity Act, 1972 – Sections 4(2), 4(3), 4(5) and 7 – Calculation of amount of gratuity – In case of such an employee the gratuity has to be calculated in accordance with the provisions of the Act and while so calculating, not only the basic principle available in Section 4(2) as to how the gratuity is to be calculated must be applied but also the ceiling which is part of Section 4(3) must also apply . Decided on : 29-04-2020

Apr 30, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH BCH ELECTRIC LIMITED — Appellant Vs. PRADEEP MEHRA — Respondent ( Before : Uday Umesh Lalit and Sanjiv Khanna, JJ. ) Civil Appeal…

Service Matters
Service

Delhi Higher Judicial Service Rules, 1970 – Rule 27 – Constitutional validity – Criteria for appointment of a member of higher judicial service to the post of District Judge and Sessions Judge or its equivalent – HELD “while raising grievances with regard to the impact and effect of ACR gradings, the appellant appears to have missed out the fundamental factor that for the promotions in question, an individual”s minimum merit, by itself, was not going to be decisive, but the relevant factor was going to be comparative merit of the persons in the zone of consideration”.

Apr 26, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH SUJATA KOHLI — Appellant Vs. REGISTRAR GENERAL, HIGH COURT OF DELHI AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari,…

Service Matters
Service

Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 – Eligibility criteria – Post of Director of medical institutions – HELD This Court fail to understand as to how such direction can be given by the High Court for providing a relaxation which is not notified in the advertisement – While it is open for the employer to notify such criteria for relaxation when sufficient candidates are not available, at the same time nobody can claim such relaxation as a matter of right

Apr 18, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH DR. THINGUJAM ACHOUBA SINGH AND OTHERS — Appellant Vs. DR. H. NABACHANDRA SINGH AND OTHERS — Respondent ( Before : R. Banumathi and…

Service Matters
Service

Service Law – Appointment – Primary Assistant Teachers – Various schemes were framed to fill up various vacant posts of teachers in different categories as per the policies framed by the State Government during the years 2001 and 2003 – Inordinate delay on the part of the appellants in approaching the High Court HELD Having regard to nature of such appointments, appointments made as per policies cannot be termed as illegal. Having regard to material placed before this Court and having regard to reasons recorded in the impugned order by the High Court, we are of the view that no case is made out to interfere with the impugned judgment of the High Court.

Apr 18, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH CHANDER MOHAN NEGI AND OTHERS — Appellant Vs. STATE OF HIMACHAL PRADESH AND OTHERS — Respondent ( Before : Mohan M. Shantanagoudar and…

Service Matters
Service

No Reservation In Promotions Without Examining Adequacy Of Representation In Promotional Posts : SC HELD if they wish to exercise their discretion and make reservations in promotion, the States have to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment, keeping in mind maintenance of efficiency, as indicated by Article 335 of the Constitution of India.

Apr 18, 2020 sclaw

No Reservation In Promotions Without Examining Adequacy Of Representation In Promotional Posts : SC [Read Judgment] LIVELAW NEWS NETWORK 17 April 2020 9:52 PM Following the principle that reservation in…

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…

You missed

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