Supreme Court of India Judgements

46755 Judgements hosted as on 29/03/2025 - Search (FREE), Subscribe, Read & Download

Category: Service

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 —…

Service Matters
Service

The appellant had filled in 08.12.1997 as his date of birth, while his actual date of birth is 18.12.1997 – SCOI allowed the appeal, holding that the error in the application form was a trivial error and did not justify the cancellation of the appellant’s candidature: – The Supreme Court’s reasoning is based on the following principles: a. De minimis non curat lex – The law does not concern itself with trifles. b. Candidacy cancellation for trivial errors is not justified. c. No prejudice caused to the state due to the error.

Jan 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VASHIST NARAYAN KUMAR — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. )…

Service Matters
Service

HELD it may be recorded here that subsequent to date, there was a chargesheet issued against the Respondent and ultimately, the entire proceedings came to be dropped on 11.12.2019. Since the eligibility conditions in Rule 9 (1)(a)(iii), the validity of which is not under challenge before us, requires us to limit our inquiry into the question of eligibility as on date of consideration, what happens after that becomes insignificant to the inquiry. – In the background of facts and position of law analysed here in, it has to be concluded that as on the date of consideration, disciplinary action was contemplated against the writ petitioner Dinesh Singh, and therefore he was rightly held to be ineligible for selection of his name in Register A-1.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF HARYANA AND OTHERS — Appellant Vs. DINESH SINGH AND ANOTHER — Respondent ( Before : M.M. Sundresh and Aravind Kumar, JJ. )…

Service Matters
Service

Armed Forces Tribunal Act, 2007 – Sections 14 and 31(1) – Formation of policy – Jurisdiction – A Tribunal functioning within the strict boundaries of the governing legislation, would not have the power to direct the formation of a policy – it cannot be questioned that disputes in respect of promotions and/or filling up of vacancies is within the jurisdiction of the Tribunal, it cannot direct those responsible for making policy, to make a policy in a particular manner.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. AIR COMMODORE NK SHARMA (17038) ADM/LGL — Respondent ( Before : Abhay S. Oka and Sanjay…

Service Matters
Service

Service Law – Transfer Order – A person aggrieved by the order of transfer cannot sit at home and decide on his own that the order is illegal or erroneous and he will not comply with the same – If the workman had any grievance, he could have availed of his remedy available against the same; otherwise, he was duty-bound to comply with the same

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH U.P. SINGH — Appellant Vs. PUNJAB NATIONAL BANK — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. ) Civil Appeal No. 5494…

Service Matters
Service

Service Law – Merging of staff from one department to another – Order for merging Adult Education Department staff into Education Department, providing category-wise seniority – The High Court ruled that merging cadres is a policy decision and cannot be interfered with -The State’s actions have been delayed by promotions and retirements, resulting in a lack of service for many – The High Court’s judgment is upheld, and the appeals are dismissed.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAFFUL SHUKLA AND OTHERS — Appellant Vs. GOVERNMENT OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Service Matters
Service

Promotion by selection through LDCE vis-à-vis competitive examination is a facility or a chance given for out of their promotion without waiting for the normal course of promotion – It in effect is selection through competitive examination within the limited category of candidates and cannot be equated with normal promotion – This being the position, the argument that regular promotion criteria had to be applied with regard to medical fitness even in the matter of selection through LDCE is not acceptable

Nov 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PAVNESH KUMAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Civil…

Service Matters
Service

Service Law – Appointment – “anticipated vacancies” – To sum up the position of law as it stands, once clear and anticipated vacancies have been advertised, appointments can only be made on these vacancies – Vacancies which could not be anticipated before the date of advertisement, or the vacancies which did not exist at the time of advertisement, are the vacancies for the future i.e., next selection process.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VIVEK KAISTH AND ANOTHER — Appellant Vs. THE STATE OF HIMACHAL PRADESH AND OTHERS — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia,…

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Cr P C

In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed the connected proceedings

Mar 29, 2025 sclaw
I P C

Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

Mar 25, 2025 sclaw
I P C

Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances

Mar 25, 2025 sclaw
Limitation

Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State

Mar 25, 2025 sclaw