Supreme Court of India Judgements

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Category: Service

Service Matters
Service

IMP::: In view of the decision of this Court in Sukhdev Singh Vs. Union of India & Ors. reported in (2013) 9 SCC 566, there cannot be any dispute on this aspect. This Court has settled the law that uncommunicated and adverse ACRs cannot be relied upon in the process. The competent authority is directed to ignore the uncommunicated adverse ACRs and take a fresh decision in accordance with law.

Sep 2, 2018 sclaw

HEAD NOTE:::: Uncommunicated Adverse Annual Confidential Reports Can’t Be Relied Upon To Deny Promotion, Reiterates SC… In view of the decision of this Court in Sukhdev Singh Vs. Union of…

Service Matters
Service

Service Law—Appointment—Primacy of Consultation—Where a Selection Committee has been constituted, the consultation with other department is only a process of discussion which has to be taken into consideration while making recommendation by the Selection Committee—It cannot be said to have a primacy.

Aug 7, 2018 sclaw

(2017) AIR(SCW) 5599 : (2017) AIR(SC) 5599 : (2018) 1 ApexCourtJudgments(SC) 259 : (2017) 4 ESC 804 : (2018) 1 JCR 294 : (2017) 11 JT 429 : (2017) 4LawHerald(SC) 3193 : (2018)…

Service Matters
Service

Service Law—Selection-Minimum marks in viva-voce—Whether the introduction of the requirement of the minimum marks for interview, after the entire selection process (consisting of written examination and interview) was completed, would amount to changing the rules of the game after the game was played which is clearly impermissible—Matter referred to larger bench.

Aug 7, 2018 sclaw

(2017) 4 ESC 818 : (2018) 1 JCR 306 : (2017) 4 LawHerald(SC) 3191 : (2017) 13 Scale 483 : (2018) 1 SCC 239 : (2018) 1 SCC(L&S) 23 : (2017) 4 SCT 792…

Service Matters
Service

Service Law—Superannuation—Parity-Assistant Public Prosecutors are not entitled to be treated at par with Public Prosecutors and other officers whose age of superannuation is specified at 60 years— The fact that the nature of duties and functions of Assistant Public Prosecutors and Public Prosecutors are similar, per se, cannot be the basis to claim parity with Public Prosecutors in respect of age of superannuation.

Jul 29, 2018 sclaw

    (2018) 2 LawHerald(SC) 605 : (2018) 7 SCALE 516 SUPREME COURT OF INDIA FULL BENCH KERALA ASSISTANT PUBLIC PROSECUTORS ASSOCIATION — Appellant Vs. STATE OF KERALA — Respondent ( Before : Dipak Misra,…

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POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw
Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw
Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw
Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw