Supreme Court of India Judgements

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Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports Arbitration and Conciliation Act, 1996 — Section 29A — Mandate of Arbitrator — Extension of mandate — In the absence of specific statutory provisions, party autonomy and minimal judicial intervention are guiding principles — If a party participates in proceedings and does not object to the extension of mandate, they may be estopped from challenging the award on that ground after it is passed. Arbitration and Conciliation Act, 1996 (the Act) — Section 33 and Section 34(3) — Limitation for filing application to set aside arbitral award — Exclusion of time spent in disposal of applications under Section 33 — Court held that period spent in disposal of Section 33 applications by Arbitral Tribunal must be excluded for computing limitation under Section 34(3) of the Act, regardless of whether the Section 33 applications were ultimately allowed or dismissed. Constitution of India, 1950 — Article 14, 15(1), 16, 39(a) & 39(c) — Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (2016 Order) — Clause 2(p) — Government Order (G.O.) No — 6 of 2019 — Paragraph IV(10) — Exclusion of married daughter from definition of ‘family’ for compassionate appointment as fair price shop dealer — Held, exclusion is based on gender stereotypes and lacks rational nexus with the object of the scheme, violating Articles 14 and 15(1) of the Constitution — Marital status cannot be the sole criterion for dependency — Dependency is a question of fact. Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 37 — Grant of bail — Twin conditions under Section 37(1)(b)(ii) must be considered — High Court ignored twin conditions while granting bail in a case involving commercial quantity of narcotics — Impugned order granting bail cannot be sustained.
Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports
Service
Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports
Arbitration and Conciliation Act, 1996 — Section 29A — Mandate of Arbitrator — Extension of mandate — In the absence of specific statutory provisions, party autonomy and minimal judicial intervention are guiding principles — If a party participates in proceedings and does not object to the extension of mandate, they may be estopped from challenging the award on that ground after it is passed.
Arbitration
Arbitration and Conciliation Act, 1996 — Section 29A — Mandate of Arbitrator — Extension of mandate — In the absence of specific statutory provisions, party autonomy and minimal judicial intervention are guiding principles — If a party participates in proceedings and does not object to the extension of mandate, they may be estopped from challenging the award on that ground after it is passed.
Arbitration and Conciliation Act, 1996 (the Act) — Section 33 and Section 34(3) — Limitation for filing application to set aside arbitral award — Exclusion of time spent in disposal of applications under Section 33 — Court held that period spent in disposal of Section 33 applications by Arbitral Tribunal must be excluded for computing limitation under Section 34(3) of the Act, regardless of whether the Section 33 applications were ultimately allowed or dismissed.
Arbitration
Arbitration and Conciliation Act, 1996 (the Act) — Section 33 and Section 34(3) — Limitation for filing application to set aside arbitral award — Exclusion of time spent in disposal of applications under Section 33 — Court held that period spent in disposal of Section 33 applications by Arbitral Tribunal must be excluded for computing limitation under Section 34(3) of the Act, regardless of whether the Section 33 applications were ultimately allowed or dismissed.
Constitution of India, 1950 — Article 14, 15(1), 16, 39(a) & 39(c) — Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (2016 Order) — Clause 2(p) — Government Order (G.O.) No — 6 of 2019 — Paragraph IV(10) — Exclusion of married daughter from definition of ‘family’ for compassionate appointment as fair price shop dealer — Held, exclusion is based on gender stereotypes and lacks rational nexus with the object of the scheme, violating Articles 14 and 15(1) of the Constitution — Marital status cannot be the sole criterion for dependency — Dependency is a question of fact.
Constitution
Constitution of India, 1950 — Article 14, 15(1), 16, 39(a) & 39(c) — Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (2016 Order) — Clause 2(p) — Government Order (G.O.) No — 6 of 2019 — Paragraph IV(10) — Exclusion of married daughter from definition of ‘family’ for compassionate appointment as fair price shop dealer — Held, exclusion is based on gender stereotypes and lacks rational nexus with the object of the scheme, violating Articles 14 and 15(1) of the Constitution — Marital status cannot be the sole criterion for dependency — Dependency is a question of fact.
Cr P C

Criminal Procedure Code, 1973 (CrPC) – Ss 167, 173 and 272 – A charge sheet filed within the period provided either under Section 167 of CrPC or any other relevant statute in a language other than the language of the Court or the language which the accused does not understand, is not illegal and no one can claim a default bail on that ground – the investigating agency/officer to file charge sheet in the language of the Court determined in accordance with Section 272 of CrPC

Aug 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION AND OTHERS — Appellant Vs. NAROTTAM DHAKAD AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Constitution Cr P C

An accused is under an obligation to stand for identification parade – An accused cannot resist subjecting himself to the TIP on the ground that he cannot be forced or coerced for the same – Conduct of Test Identification Parade not violates the fundamental right of an accused under Article 20(3) of the Constitution

Aug 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUKESH SINGH — Appellant Vs. THE STATE (NCT OF DELHI) — Respondent ( Before : M.M. Sundresh and J.B. Pardiwala, JJ. ) Criminal Appeal…

Bail Granted

Not finding of material to satisfy that release of the Appellant on bail shall be a liberty to the Appellant to influence the witnesses or there is any danger of justice being thwarted by such order being passed – In agreement with the ultimate view of the High Court – Order granting bail is upheld – Appeal dismissed.

Aug 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH XXX — Appellant Vs. UNION TERRITORY OF ANDAMAN AND NICOBAR ISLANDS AND ANOTHER — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ.…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 34 – Majority award – A dissenting opinion cannot be treated as an award if the majority award is set aside – When a majority award is challenged by the aggrieved party, the focus of the court and the aggrieved party is to point out the errors or illegalities in the majority award

Aug 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S HINDUSTAN CONSTRUCTION COMPANY LIMITED — Appellant Vs. M/S NATIONAL HIGHWAYS AUTHORITY OF INDIA — Respondent ( Before : S. Ravindra Bhat and Aravind…

Service Matters
Service

Service Law – Disciplinary proceedings – Penalty Order – Unless punishment imposed is only co-relatable to any of those charges found not proved, the penalty cannot be set aside – Scope of judicial review against a departmental enquiry proceeding is very limited – It is not in the nature of an appeal and a review on merits of the decision is not permissible

Aug 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE BANK OF INDIA — Appellant Vs. A.G.D. REDDY — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. ) Civil Appeal No.…

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 (…

POCSO

Protection of Children from Sexual Offences Act, 2012 – Section 5 – Cancellation of bail – Gang-rape of a 15-year-old girl, threat of making video of rape recorded viral and extortion – Accused is the son of sitting MLA would disclose the domineering influence he would wield not only in delaying the proceedings but also in pressurizing the witnesses to either resile from their statement given during the course of investigation or pose threat to them from deposing against accused on their failure to act according to his dictates or induce them to testify as per his dictates or to help the defence of the accused – Bail cancelled – Appeal allowed.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHAGWAN SINGH AND OTHERS — Appellant Vs. DILIP KUMAR @ DEEPU @ DEPAK AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and…

Acquittal Dying Declaration

There is no hard and fast rule for determining when a dying declaration should be accepted; the duty of the Court is to decide this question in the facts and surrounding circumstances of the case and be fully convinced of the truthfulness of the same – although the accused has been named in the two dying declarations as a person who set the room on fire yet the surrounding circumstances render such statement of the declarants very doubtful – Appellant directed to be released – Appeal allowed.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH IRFAN @ NAKA — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai, J.B. Pardiwala and Prashant Kumar Mishra,…

Compensation Labour Cases

Employees Compensation Act, 1923 – Compensation – the driver was consistently driving the vehicle, there is every reason to assume that long spells of driving was a material contributory factor, if not the sole cause that accelerated his unexpected death at a young age – Such an untoward mishap can reasonably be described as an accident, only attributable to the nature of employment – Compensation granted.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. DARIYAO KANWAR & OTHERS — Appellant Vs. M/S UNITED INDIA INSURANCE CO. LTD. & ANOTHER — Respondent ( Before : Hima Kohli and…

You missed

Service

Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports

Jun 4, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 29A — Mandate of Arbitrator — Extension of mandate — In the absence of specific statutory provisions, party autonomy and minimal judicial intervention are guiding principles — If a party participates in proceedings and does not object to the extension of mandate, they may be estopped from challenging the award on that ground after it is passed.

Jun 4, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 (the Act) — Section 33 and Section 34(3) — Limitation for filing application to set aside arbitral award — Exclusion of time spent in disposal of applications under Section 33 — Court held that period spent in disposal of Section 33 applications by Arbitral Tribunal must be excluded for computing limitation under Section 34(3) of the Act, regardless of whether the Section 33 applications were ultimately allowed or dismissed.

Jun 4, 2026 sclaw
Constitution

Constitution of India, 1950 — Article 14, 15(1), 16, 39(a) & 39(c) — Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (2016 Order) — Clause 2(p) — Government Order (G.O.) No — 6 of 2019 — Paragraph IV(10) — Exclusion of married daughter from definition of ‘family’ for compassionate appointment as fair price shop dealer — Held, exclusion is based on gender stereotypes and lacks rational nexus with the object of the scheme, violating Articles 14 and 15(1) of the Constitution — Marital status cannot be the sole criterion for dependency — Dependency is a question of fact.

Jun 4, 2026 sclaw