Supreme Court of India Judgements

46550 Judgements hosted as on 16/07/2024 - Search (FREE), Subscribe, Read & Download

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Service Matters
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Service Law – Termination – The Supreme Court found that the termination was unjustified and in violation of natural justice principles, as no disciplinary enquiry was conducted – The Court quashed the High Court’s judgments and the termination order, reinstated the appellant, and allowed the Institute to conduct disciplinary proceedings if desired.

Apr 27, 2024 sclaw

2024 INSC 309 SUPREME COURT OF INDIA DIVISION BENCH SANDEEP KUMAR — Appellant Vs. GB PANT INSTITUTE OF ENGINEERING AND TECHNOLOGY GHURDAURI AND OTHERS — Respondent ( Before : B.R.…

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Amendment of Plaint – Amendment of the plaint in a suit for partition of ancestral property -The Court allowed the appeal and set aside the order of the High Court, holding that the amendment was not permissible as it would change the nature and character of the suit, cause prejudice to the appellant, and was barred by limitation and res judicata -The Court relied on the provisions of Order VI Rule 17 and Order XXIII Rule 3 of the Code of Civil Procedure, 1908, and the precedents of this Court (M. Revanna v. Anjanamma (Dead) by legal representatives and others, (2019) 4 SCC 332 ) on the scope and limitations of amendment of pleadings and challenge to compromise decrees.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BASAVARAJ — Appellant Vs. INDIRA AND OTHERS — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ. ) Civil Appeal No. 2886 of…

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Civil Law – It is settled law that a vendor cannot transfer a title to the vendee better than he himself possesses, the principle arising from the maxim nemo dat quod non habet, i.e., “no one can confer a better title than what he himself has”. In the present case, the plaintiff’s vendor having been denied the right of title in the land by the Commissioner’s order, could not have conveyed the same to her vendee.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. KISHORE KUMAR — Appellant Vs. VITTAL K. PATKAR — Respondent ( Before : Bela M. Trivedi and Dipankar Datta, JJ. ) Civil Appeal…

Service Matters
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Acquittal in POCSO cases cannot be treated as a clean acquittal when prosecutrix and witnesses cited by the prosecution turned hostile, the trial Court passed an order, acquitting the respondent of the charges framed under Section 354(D) of the IPC and Section 11 (D)/12 of the POCSO Act – Appointment to post of police constable unsuitable.

Oct 1, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH AND OTHERS — Appellant Vs. BHUPENDRA YADAV — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. )…

Narcotics Uncategorized

Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 18 – Appeal against conviction – An appeal against conviction could not have been treated as infructuous merely for the reason that the convicted appellant had served out the sentence awarded by the Trial Court in any case, the appeal could not have been dismissed as infructuous – Appeal remanded

Sep 28, 2023 sclaw

2022) 1 ApexCourtJudgments(SC) 394 : (2022) 1 CriCC 387 : (2022) 1 RCR(Criminal) 119 SUPREME COURT OF INDIA DIVISION BENCH GURJANT SINGH — Appellant Vs. THE STATE OF PUNJAB —…

C P C Uncategorized

Order XXI of the Code of Civil Procedure, 1908 (CPC) is a complete code for resolving all disputes, including against strangers to the decree. – The Executing Court could not have dismissed the execution petition by treating the decree to be inexecutable merely on the basis that the decree-holder has lost possession to a third party/encroacher.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. VED KUMARI (DEAD THROUGH HER LEGAL REPRESENTATIVE) DR. VIJAY AGARWAL — Appellant Vs. MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER — Respondent (…

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Environment (Protection) Act, 1986 – Section 3 – An establishment contributing to the economy of the country and providing livelihood ought not to be closed down only on the ground of the technical irregularity of not obtaining prior Environmental Clearance irrespective of whether or not the unit actually causes pollution.

Apr 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S PAHWA PLASTICS PRIVATE LIMITED AND ANOTHER — Appellant Vs. DASTAK NGO AND OTHERS — Respondent ( Before : Indira Banerjee and J.K. Maheshwari,…

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Tenders & Contracts

E-auction — Typographical error — e-auction for a manganese and iron ore block submitted a bid of 140.10% instead of its intended bid of 104.10% due to a typographical error — The court allowed the company’s appeal and ordered a fresh e-auction for the block — The company was also ordered to pay Rs 3 crore ($400,000) to the state as compensation for the delay caused by its error.

Jul 20, 2024 sclaw
Corporate

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

Jul 20, 2024 sclaw
I P C Matrimonial

Penal Code, 1860 (IPC) — Sections 498A, 323 and 504 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Irretrievable breakdown of marriage as a ground for divorce — The court recognized that irretrievable breakdown of marriage, where the parties have been living separately for a significant period and all efforts at reconciliation have failed, can be a valid ground for divorce — This expands the grounds for divorce beyond the traditional grounds mentioned in the Hindu Marriage Act, 1955.— One-time settlement as a mode of permanent alimony — The court allowed the parties to opt for a one-time settlement as a mode of permanent alimony, instead of periodic payments — This provides flexibility to the parties in resolving their financial obligations towards each other.

Jul 20, 2024 sclaw
Service

Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 — Rules 5 and 11 — The Supreme Court has dismissed appeals challenging the validity of a judgment by the Patna High Court, which allowed a candidate to be considered for appointment as a City Manager in Bihar — The candidate had scored to meet up the minimum qualifying marks of 32% — The court found that the minimum qualifying marks were only for the written test and not for the overall selection process — The court also rejected the appellants’ reliance on an executive order issued in 2007, stating that it was not applicable to the rules issued in 2014 — The court concluded that the candidate was eligible and qualified to be considered for appointment as she had met the minimum qualifying marks in the written test.

Jul 20, 2024 sclaw