Supreme Court of India Judgements

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Category: Service

Service Matters
Service

The challenge in the present appeal is to an order passed by the Armed Forces Tribunal, Regional Bench, Jabalpur HELD We, thus, hold that the persons such as the respondent and the intervenors on deputation to APS from Department of Posts are not entitled to the benefit of OROP. Therefore, the order of the Tribunal is not sustainable in law and hence set aside. The appeal is allowed.

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. LT. COL. OM DUTT SHARMA (RETD.) DEAD THROUGH LRS AND OTHERS — Respondent ( Before :…

Service Matters
Service

Uttar Pradesh Secondary Education Services Selection Board Act, 1982 – Sections 16 and 18 – First Uttar Pradesh Secondary Education Service Commission (Removal of Difficulties) Order, 1981 – Appointment of teachers HELD When the impugned judgment is analysed in light of the applicable norms, there is no escape from the conclusion that the appellant’s appointment by the Management, was not in accordance with paragraph 5 of the Removal of Difficulties Order.

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH RAVINDRA SINGH — Appellant Vs. DISTRICT INSPECTOR OF SCHOOLS AND OTHERS — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ.…

Service Matters
Service

Navy (Pension) Regulations, 1964 – Regulations 78, 105B, 107 and 107(1) – Quantification of disability pension – Individual – A person who has completed the period of engagement is entitled to disability element apart from service pension. The expression ‘service pension’ admissible is not restricted to the qualifying service provided under Regulation 78. It is not for the Courts to remedy the defect in the Statute.

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. V.R. NANUKUTTAN NAIR — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. )…

Service Matters
Service

Central Civil Services (Pension) Rules, 1972 – Rule 88 – Grant of pension – The services rendered by the respondents as GDS or other Extra­Departmental Agents cannot be factored in for computing their qualifying services in regular posts under the postal department on the question of grant of pension.

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. GANDIBA BEHERA — Respondent ( Before : Ranjan Gogoi, CJI, Deepak Gupta and Aniruddha Bose, JJ.…

Service Matters
Service

Constitution of India, 1950 – Article 311(2)(b) – Dismissal of the judicial officers dispensing with the departmental inquiry. HELD The appeals are dismissed and the stay order is vacated, albeit we clarify that the respondents, in terms of the judgment passed by the Division Bench, would be required to proceed in accordance with law.

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARI NIWAS GUPTA — Appellant Vs. STATE OF BIHAR AND ANOTHER — Respondent ( Before : Indu Malhotra and Sanjiv Khanna, JJ. ) Civil…

Service Matters
Service

Air Force Rules, 1969 – Rules 15(2), 15(2)(g)(ii) and Rule 15(2)(k) – Habitual offender -The show cause notice issued to the Respondent is in accordance with the Habitual Offenders Policy. A second warning letter is not required when it is decided to pass a final order without giving another chance. There is no violation of the procedure prescribed by the Policy –

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. 794898 T. EX. CORPORAL ABHISHEK PANDEY — Respondent ( Before : L. Nageswara Rao and Hemant…

Service Matters
Service

HCs Have Power To Dispense With Disciplinary Proceedings For Dismissing Judicial Officers By Recording Reasons — The Supreme Court has observed that the High Courts have power to dispense with the disciplinary proceedings by invoking clause (b) of the second proviso to Article 311(2) of the Constitution of India, by recording reasons,

Nov 8, 2019 sclaw

  HCs Have Power To Dispense With Disciplinary Proceedings For Dismissing Judicial Officers By Recording Reasons: SC The Supreme Court has observed that the High Courts have power to dispense…

Service Matters
Service

The release under probation does not entitle an employee to claim a right to continue in service. In fact the employer is under an obligation to discontinue the services of an employee convicted of an offence involving moral turpitude. “Recall of judgment would amount to alteration or review of judgment which is not permissible under Section 362 CrPC. It cannot be validated by the High Court invoking its inherent powers.”

Nov 4, 2019 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. MAN SINGH — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Criminal Appeal…

Service Matters
Service

Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988 – Rule 6B A candidate who is not eligible on the last date of submission of application cannot be treated to be eligible in the category of Ex-servicemen when the writ petitioners were in active service on the last date of submission of application forms

Oct 27, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJASTHAN PUBLIC SERVICE COMMISSION, AJMER AND ANOTHER — Appellant Vs. SHIKUN RAM FIRUDA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and…

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State Laws

[MPID Act, S. 2(c) & 2(d)] – Amounts advanced with promise of return and interest qualify as “deposit” accepted by “financial establishment” under the Act. – Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 Section 2(c) and Section 2(d) — Deposit and Financial Establishment — Amounts advanced to individuals with promise of repayment with interest constitute a “deposit” under Section 2(c) and the recipients are “financial establishments” under Section 2(d) of the MPID Act, irrespective of the transaction being termed as a “loan” — The nomenclature of the transaction is not determinative; the essential attributes of the transaction are key.

May 17, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 432 — Constitution of India, 1950 — Article 72 & 161— Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 473 & 477 — Premature release of a prisoner — Rejection of recommendation — Non-speaking order — Order rejecting premature release must provide reasons and reflect due application of mind — Absence of reasons renders the order bald and impossible to ascertain if relevant factors were considered — Violates principles of natural justice and frustrates judicial review.

May 17, 2026 sclaw
Constitution

[Central Sales Tax Act, 1956, S. 3] – No State can levy VAT on inter-State sales; taxation power for inter-State trade vests exclusively with the Union. – Constitution of India, 1950 — Article 269 — Taxes on sale or purchase of goods in the course of inter-State trade or commerce — Levied and collected by Union but assigned to States — Parliament’s power to formulate principles for determining when such sale/purchase takes place — State legislature’s power restricted to intra-State sales.

May 17, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Order 15 Rule 5 — Striking off defence for non-deposit of rent — This is a drastic consequence and the power to strike off a defence is not to be exercised mechanically — The court must consider whether there has been substantial compliance and whether the default is wilful or contumacious. [

May 17, 2026 sclaw