Supreme Court of India Judgements

47290Judgements hosted as on 25/07/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Category: Service

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…

Service Matters
Service

Service Law – Promotion – Tribunal was right in holding that no prejudice is caused to the Appellant by applying Navy Order. Violation of every provision does not furnish a ground for the Court to interfere unless the affected person demonstrates prejudice caused to him by such violation – Appeals dismissed.

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SURGEON REAR ADMIRAL MANISHA JAIPRAKASH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta,…

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Accident

Motor Vehicles Act, 1988 — Sections 165, 166 — Death allegedly caused by murder inside a motor vehicle — Claim for compensation — Requirement of causal link between death and “use” of motor vehicle — Held, mere presence of a motor vehicle in the chain of circumstances leading to death does not attract liability under MVA — Some nexus between the vehicle and the death must be established.

Jul 25, 2026 sclaw
State Laws

Maharashtra Housing and Area Development Act, 1976 — Section 2(25) — “Occupier” — Scope of definition — The MHAD Act defines only “occupier,” which includes any person liable to pay rent, an owner in occupation, a rent-free tenant, a licensee, or one liable to pay damages for use and occupation — Occupancy is not a statutory tenancy dependent on the owner’s will, and even a person in possession without formal rent liability may claim occupancy status for reallotment purposes.

Jul 25, 2026 sclaw
Stamp Act

Stamp Act, 1899 — Section 26, proviso — Mining lease — Stamp duty on instrument with indeterminate value — Determinant of stamp duty — Where value of subject-matter is indeterminate at execution, proviso to S.26 specifically governs mining leases, directing that estimated royalty or value of share, as estimated by the Collector where State is lessor, suffices for stamp duty purposes — Proviso held not inconsistent with main provision — actual value of mining lease is ascertainable only once mining operations commence

Jul 25, 2026 sclaw
Service

Service Law — Modified Assured Career Progression Scheme (MACPS) — Grade Pay convergence — Effect on promotions within cadre — Convergence of Grade Pay pursuant to Sixth Central Pay Commission does not obliterate separate identity of promotional posts within a cadre — Promotions carry promotional increments, enhanced running-duty allowances and post-specific benefits, remaining financially meaningful notwithstanding constancy of Grade Pay.

Jul 25, 2026 sclaw