Supreme Court of India Judgements

46735 Judgements hosted as on 16/02/2025 - Search (FREE), Subscribe, Read & Download

Category: Service

Service Matters
Service

Service benefits – Deceased employee had attained the age of superannuation on 31.07.1991, whereas the chargesheet was issued to him on 07.12.1991 – Meaning thereby that on the date of his superannuation, no disciplinary proceeding was pending against him – This Court set aside the punishment order inflicted on the deceased employee, all the service benefits due to him along with interest @ 7% per annum from the date of his retirement till the payment is made, shall be paid by the appellant-Bank to his legal heirs within a period of three months.

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UCO BANK AND OTHERS — Appellant Vs. M.B. MOTWANI (DEAD) THR. LRS. AND OTHERS — Respondent ( Before : Hima Kohli and Rajesh Bindal,…

Service Matters
Service

Absorption as Assistant Teacher – Res judicata – claim for absorption as an assistant teacher in the Higher Secondary Section is clearly barred by constructive res judicata – Plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time.

Oct 1, 2023 sclaw

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

Service Matters
Service

Service Law – Benefit of revised pay scales – There is no reason why the appellants should be denied the same relief, especially when even as of 7th January 2014, the same benefit was granted to the similarly placed employees – Direction to State Government to extend the benefits under the Government Order dated 15th November 1999 to the appellants within a period of three months.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH B.C. NAGARAJ AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal,…

Service Matters
Service

Punjab Police Rules, 1934 – Rule 12.21 and 16.24 – Discharge of Inefficients – Case involving the discharge of a constable from the Punjab Police force – The constable, ‘J’, was discharged during his probation period due to prolonged absence without any intimation – The Supreme Court examined the relevant rules and held that ‘J’ discharge was justified as he was found unlikely to become an efficient police officer.

Sep 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF PUNJAB AND OTHERS — Appellant Vs. JASWANT SINGH — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. ) Civil…

Service Matters
Service

Uttar Pradesh Subordinate Offices Ministerial Group “C” Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 – Rule 5 – An affidavit revealed vacancies, and in light of this, This Court directed the promotion of four candidates based on their education qualifications – This decision was not to set a precedent, and the appeal was allowed without any cost orders.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJENDRA PRASAD AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Service Matters
Service

Considering the facts and circumstances of the case and in order to do complete justice, the appellant will be entitled to all the service benefits including seniority, consequential promotions and pensionary benefits at par with his juniors, though notionally, since he superannuated on 30.06.2007 and has not worked on the promoted post.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH L.R. PATIL — Appellant Vs. GULBARGA UNIVERSITY, GULBARGA — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. ) Civil Appeal No. 3254…

Service Matters
Service

Scientific and Technical Group “A” (Gazetted) posts in the Ministry of Information Technology (in-situ Promotion under Flexible Complementing Scheme) Rules, 1998 – Rule 4(b) – For striking down the provisions of law or for declaring any rules as ultra vires, specific pleading to challenge the rules and asking of such relief ought to be made.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. MANJURANI ROUTRAY AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. )…

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C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw
Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw
Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw
Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw