Supreme Court of India Judgements

46420 Judgements hosted as on 27/04/2024 - Search (FREE), Subscribe, Read & Download

Category: Service

Service Matters
Service

Disciplinary proceedings – Judicial review – Limit of – When the changed form of quotation also contained signature of respondent no.1, it clearly established his involvement in the tampering of document. This fact has not even been noticed by the Division Bench of the High Court – Appeal allowed

May 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE INDIAN OIL CORPORATION AND OTHERS — Appellant Vs. AJIT KUMAR SINGH AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh…

Service Matters
Service

Service Law – Dismissal of ISRO Scientist – Unauthorised Absence and publication of paper without permission – When such acts/conduct occur/occurs from a scientist in a sensitive and strategic organization, the decision to impose dismissal from service cannot be said to be illegal or absolutely unwarranted.

May 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. V.R. SANAL KUMAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Service Matters
Service

Promotion of Judicial Officers as District Judges – Impugned Select List dated 10.03.2023 issued by the High Court and the subsequent Notification dated 18.04.2023 issued by the State Government granting promotion to the cadre of District Judge are illegal and contrary to the relevant Rules and Regulations and even to the decision of this Court in the case of All India Judges’ Association and Ors. vs. Union of India and Ors., (2002) 4 SCC 247

May 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAVIKUMAR DHANSUKHLAL MAHETA AND ANOTHER — Appellant Vs. HIGH COURT OF GUJARAT AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

Service Matters
Service

Service Law – Dismissal from Service – Certain irregularities – Powers/Jurisdiction of Municipal Commissioner – Nature of Penalties – HELD per resolution the Commissioner was authorized to take action against any officer with regard to the lapses and/or negligence on the part of the officers in various works and purchases is concerned

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUNICIPAL COMMISSIONER, JAMNAGAR MUNICIPAL CORPORATION AND ANOTHER — Appellant Vs. R.M. DOSHI — Respondent ( Before : M.R. Shah and J.B. Pardiwala, JJ. )…

Service Matters
Service

Order passed by the learned Single Judge as well as the impugned judgment and order passed by the Division Bench of the High Court directing to pay additional 2% in addition to the existing pay to the post of Assistant Executive Engineer (Electrical) from the date of their initial appointment is/are hereby quashed and set aside.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KARNATAKA POWER TRANSMISSION CORPORATION LIMITED AND OTHERS — Appellant Vs. SRI. B. G. MANAMOHANA PRIYANKA AND OTHERS — Respondent ( Before : M.R. Shah…

Service Matters
Service

Appointment to post of Sub Inspector of Police – Eligibility – Remanded to DB of HC that it will be open for the Division Bench to call for the expert’s opinion on the questions of which their answers were alleged to be incorrect for which the objections were raised so that if ultimately it is found that the answers with respect to some questions were incorrect and consequently, the marks are added and they may become eligible.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SACHIT KUMAR SINGH AND OTHERS ETC. ETC. — Appellant Vs. THE STATE OF JHARKHAND AND OTHERS ETC. ETC. — Respondent ( Before : M.R.…

Service Matters
Service

Work Charged Establishment Revised Service Conditions (Repealing) Rules, 2013 – Rule 5(v) – Pension – after rendering of service as work charged for number of years and thereafter when their services have been regularized, they cannot be denied the pension on the ground that they have not completed the qualifying service for pension – That is why, the service rendered as work charged is to be counted and/or considered for the purpose of qualifying service for pension

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UDAY PRATAP THAKUR AND ANOTHER — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

You missed

Stamp Act State Laws

“Supreme Court Clarifies State’s Power to Levy Stamp Duty on Insurance Policies” Stamp Act, 1899 – Rajasthan Stamp Law (Adaptation) Act, 1952 – Power to levy and collect stamp duty – The primary issues are the legislative competence of the State to levy stamp duty on insurance policies and the applicability of the Rajasthan Stamp Law (Adaptation) Act, 1952 or the 1998 Act – LIC contends that the state lacks legislative competence to impose stamp duty on insurance policies and challenges the demand for stamp duty payment for policies issued using stamps purchased from Maharashtra – The State of Rajasthan argues that it has the power to collect stamp duty on insurance policies under Entry 44 of List III, as per the rate prescribed by the Parliament under Entry 91 of List I – The Supreme Court dismissed the appeals, upheld the High Court’s judgment, and affirmed the state’s power to levy stamp duty. However, it directed that the state shall not demand and collect the stamp duty as per the orders dated between 1993-94 and 2001-02 – The Court reasoned that the state has the legislative competence to impose and collect stamp duty on insurance policies, and the 1952 Act applies to the case – The Court analyzed the constitutional provisions and previous judgments to conclude that the state can impose stamp duty using rates prescribed by the Parliament – The Supreme Court concluded that while the state’s power to levy stamp duty is upheld, the specific demands for stamp duty payment in this case were set aside due to the circumstances presented.

May 5, 2024 sclaw
I P C

“Supreme Court Overturns Lower Courts, Orders Trial for Alleged Marriage Fraud and Conspiracy (IPC Sections 420 & 120-B)” Penal Code, 1860 (IPC) – Sections 420 read with Section 120-B – The appellant challenged lower courts’ orders regarding the summoning of respondents for alleged dishonest inducement in a marriage – The appellant claimed he was deceived into marrying a married respondent and that all respondents conspired to induce him into marriage and leave him with a significant sum of money – The respondents argued that there was no concealment or cheating, as all facts were disclosed to the appellant from the beginning – The Supreme Court allowed the appeal, set aside the orders of the High Court and Sessions Court, and restored the Magistrate’s order for the respondents to face trial – The court found that a prima facie case was made out for issuing process against the respondents, and the lower courts’ approach was not legally sustainable – The court concluded that the respondents should face trial for the alleged offences, and the case will be decided on its merits based on the evidence presented by the parties.

May 5, 2024 sclaw
Specific Relief Act

Specific Relief Act, 1963 – Section 6 – Suit by person dispossessed of immovable property – The appellants, owner of the property, allegedly evicted the respondent illegally and by force – The main issue was the maintainability of the suit under Section 6 of the Specific Relief Act, 1963, and the illegal dispossession – The appellants contended voluntary handover of possession and challenged the maintainability of the suit – The respondent filed a suit within six months of dispossession under Section 6 of the Act – The Trial Court decreed in favor of the respondent, and the High Court dismissed the appellant’s revision – The High Court concurred with the Trial Court on the illegal dispossession and maintainability of the suit – The appeal was dismissed based on concurrent findings and evidence on record – The Supreme Court found no merit in the appeal and upheld the decisions of the lower courts.

May 5, 2024 sclaw
I P C

“Conspiracy Theory Revived: Supreme Court Orders Trial in Forged Documents Case Involving Government Land” Penal Code, 1860 (IPC) – Sections 420, 467, 468, 471, 477(A), 120(B) and 34 – The case involves allegations of a conspiracy to illegally transfer government land using forged documents – The respondents, along with others, are accused of manipulating judicial processes and revenue records to acquire government lands – The primary issue is whether the High Court was correct in quashing the order taking cognizance against the respondents, given the evidence of a conspiracy and manipulation of documents – The State argues that the High Court overlooked circumstantial evidence of a broader conspiracy and failed to appreciate the severity of the offences, which could undermine public trust in land administration – The respondents challenged the order of cognizance, arguing insufficient evidence directly implicating them in the conspiracy – The Supreme Court allowed the appeal, set aside the High Court’s order, and directed the trial to proceed against the respondents – The Court found that the High Court’s decision was based on an incomplete assessment of facts and that a detailed trial is necessary to fully unravel the extent of the alleged conspiracy – The Court emphasized the need for a thorough examination of evidence and witnesses by the Trial Court to determine the actual harm caused to the public exchequer – The Supreme Court concluded that the case should not be dismissed at the preliminary stage and must be examined judiciously in a trial setting to ensure the integrity of ongoing investigations and judicial processes.

May 5, 2024 sclaw