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

Appellant cannot be denied payment of pension applicable to the rank of Lt. Colonel (TS) on the ground that he fell short of the reckonable service of 21 years – Appellant retired in the year 1991 and has been made to run from pillar to post to get his rightful pension – It appropriate that apart from his entitlement to the pension applicable to the post of Lt. Colonel (TS), he is also entitled to be compensated for the avoidable litigation to which he was unnecessarily dragged into – Appeal allowed.

Oct 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  IC 29547 L BOBBY JOSEPH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta,…

Service Matters
Service

Uttar Pradesh Secondary Education Services Commission Act, 1982. In view of the enquiry report dated 06.05.2009 and the endorsement of the Management in their letters, it is clear that Respondent No.5 had actually worked during 1985 to 1995 and he was eligible for being considered for regularization of his service as LT Grade Teacher. The order of regularization was rightly upheld by the Division Bench – Appeal dismissed.

Oct 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  C/M KISAN INTER COLLEGE MANAGER — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : L. Nageswara Rao and…

Service Matters
Service

Entitlement Rules for Casualty Pensionary Awards, 1982 – Rule 14 – Grant of disability pension – Provision of grant of disability pension is a beneficial provision but, mental disorder at the time of recruitment cannot normally be detected when a person behaves normally – Since there is a possibility of non-detection of mental disorder, therefore, it cannot be said that Schizophrenia is presumed to be attributed to or aggravated by military service.

Oct 4, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  NO. 14666828M EX CFN NARSINGH YADAV — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant…

Service Matters
Service

Constitution of India, 1950 – Article 142 – Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 – Section 3(1) – Appointment – Reservation – Power under Article 142 of the Constitution are plenary in nature, the same cannot be construed to mean that the power can be used to supplant the substantive law applicable to the case

Oct 1, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANUPAL SINGH AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH THROUGH PRINCIPAL SECRETARY, PERSONNEL DEPARTMENT AND OTHERS — Respondent ( Before : R.…

Service Matters
Service

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross mis­conduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

Sep 30, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH NARAIN SINGH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Arun Mishra, M. R. Shah and B. R. Gavai,…

Service Matters
Service

Army Act, 1950 – Sections 3, 3(i), 8 and 9 – Disability pension- There has to be a relevant and reasonable causal connection, howsoever remote, between the incident resulting in such disability/death and military service for it to be attributable. This conditionality applies even when a person is posted and leave; notwithstanding both being considered as ‘duty’.

Sep 30, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE SECRETARY, GOVERNMENT OF INDIA AND OTHERS — Appellant Vs. DHARAMBIR SINGH — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…

Service Matters
Service

Once, the respondent chose not to controvert the allegations made against him in the show cause notice and pursued the matter with the competent authority only for taking a lenient view, he cannot be permitted to resile from that position. It would result in allowing the respondent to approbate and reprobate.

Sep 29, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. LT. COL. KULDEEP YADAV — Respondent ( Before : A.M. Khanwilkar and Ajay Rastogi, JJ. )…

Service Matters
Service

Service Law—Misconduct—Merely because air tickets for govt. employee were booked through Travel Agent by private company for attending its seminar it cannot be said that employee has availed the hospitality of one of tenderers or it is equivalent to borrowing money by the appellant/govt. employee from a private company.

Sep 15, 2019 sclaw

2019(3) Law Herald (SC) 1985 : 2019 LawHerald.Org 1246 IN THE SUPREME COURT OF INDIA Before Hon*ble Mr. Justice Ashok Bhushan Hon ble Mr. Justice Navin Sinha Civil Appeal No.5633…

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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