Supreme Court of India Judgements

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Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property. Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force. Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident. Public Service Commission consultation before extending officiating appointment is directory not mandatory; ad-hoc service counts towards seniority computation. A. Uttaranchal Civil Services (Executive Branch) Rules, 2005 — Rule 24(4) — Uttaranchal Public Service Commission (Limitations of Functions) Regulations, 2003 — Regulation 5(a) — Nature of Requirement — Requirement of consulting Commission before continuation of officiating appointment beyond one year held directory, not mandatory, applying the classic test of statutory construction; non-compliance does not invalidate the appointment where treating it as void would cause serious inconvenience to persons with no control over the defaulting authority. Reinstated judicial officer entitled to Selection/Super Time Scale despite missing ACRs; employer cannot benefit from its own wrongful discharge. A. Rajasthan Judicial Service Rules, 2010 — Rules 49, 50 — Full Court Resolution dated 15.01.2011 — Selection Scale/Super Time Scale — Application on facts — Applying the valid ACRs for 2013 and 2014 (Parts I & II) — all rated “Very Good”/”Good” with integrity certified — the Judicial Officer, having completed five years’ notional service considering reinstatement with continuity, was held entitled to Selection Scale with effect from 16.07.2018 and, upon three years therein, Super Time Scale with effect from 16.07.2021, aligned with the dates of eligibility applied to junior officers.
Will & Succession

Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.

Jul 30, 2026 sclaw
Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.
Will & Succession
Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.
Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.
Service
Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.
Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident.
Consumer
Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident.
Public Service Commission consultation before extending officiating appointment is directory not mandatory; ad-hoc service counts towards seniority computation. A. Uttaranchal Civil Services (Executive Branch) Rules, 2005 — Rule 24(4) — Uttaranchal Public Service Commission (Limitations of Functions) Regulations, 2003 — Regulation 5(a) — Nature of Requirement — Requirement of consulting Commission before continuation of officiating appointment beyond one year held directory, not mandatory, applying the classic test of statutory construction; non-compliance does not invalidate the appointment where treating it as void would cause serious inconvenience to persons with no control over the defaulting authority.
Service
Public Service Commission consultation before extending officiating appointment is directory not mandatory; ad-hoc service counts towards seniority computation. A. Uttaranchal Civil Services (Executive Branch) Rules, 2005 — Rule 24(4) — Uttaranchal Public Service Commission (Limitations of Functions) Regulations, 2003 — Regulation 5(a) — Nature of Requirement — Requirement of consulting Commission before continuation of officiating appointment beyond one year held directory, not mandatory, applying the classic test of statutory construction; non-compliance does not invalidate the appointment where treating it as void would cause serious inconvenience to persons with no control over the defaulting authority.
Service Matters
Service

Under Rule 7 of the Odisha Civil Service (Pension) Rules, 1992, the departmental inquiry initiated against her (a retired officer) with the sanction of the Government, shall not be in respect of any event which took place more than four years before such institution. She submitted that the allegations indicated in the chargesheet were beyond the period of four years – Contention upheld

Jun 4, 2023 sclaw

chargesheet was in clear breach of the mandate of Rule 7 of Rules 1992. Accordingly, the chargesheet and other consequential departmental proceedings initiated against the officer were quashed. The court…

Acquittal

(IPC) – Ss 419, 353, 447 and 120B – Discharge – took photographs of case records from mobile phone of civil judge – Court sounds a note of caution for the appellant to be careful in future to avoid recurrence of similar incident and at the same time records a note of appreciation for the second respondent for not precipitating the matter further – After all, ‘to err is human but forgiving is divine’

Jun 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEVILLE DADI MASTER @ NEVILLE MASTER — Appellant Vs. THE STATE OF WEST BENGAL AND ANOTHER — Respondent ( Before : S. Ravindra Bhat…

Acquittal

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(x) – Quashing of charge-sheet – Voluntarily causing hurt – There is no material worthy of consideration in this behalf except a bald statement that the complainant sustained multiple injuries “in his hand and other body parts” – If indeed the complainant’s version were to be believed, the IO ought to have asked for a medical report to support the same

Jun 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMESH CHANDRA VAISHYA — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta,…

Matrimonial

Parties have suffered an irretrievable breakdown of marriage and hence, in order provide complete justice, the this Court exercised the power under Article 142 of the Constitution of India to grant mutual consent divorce to the parties and also closed all cases filed by the parties against each other.

Jun 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANSI KHATRI — Appellant Vs. GAURAV KHATRI — Respondent ( Before : Sanjay Kishan Kaul and Ahsanuddin Amanullah, JJ. ) Transfer Petition (Civil) No.…

Acquittal

Acquittal – Rape and murder of a six-year-old -There are, in fact, yawning gaps in the chain of circumstances rendering it far from being established- pointing to the guilt of the appellant – Needless to state, such responsibilities would be all the more heightened in cases of crimes involving severe punishments such as imprisonment for life or the sentence of death

Jun 3, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH PRAKASH NISHAD @ KEWAT ZINAK NISHAD — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : B.R. Gavai, Vikram Nath and Sanjay Karol,…

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Will & Succession

Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.

Jul 30, 2026 sclaw
Service

Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.

Jul 30, 2026 sclaw
Consumer

Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident.

Jul 30, 2026 sclaw
Service

Public Service Commission consultation before extending officiating appointment is directory not mandatory; ad-hoc service counts towards seniority computation. A. Uttaranchal Civil Services (Executive Branch) Rules, 2005 — Rule 24(4) — Uttaranchal Public Service Commission (Limitations of Functions) Regulations, 2003 — Regulation 5(a) — Nature of Requirement — Requirement of consulting Commission before continuation of officiating appointment beyond one year held directory, not mandatory, applying the classic test of statutory construction; non-compliance does not invalidate the appointment where treating it as void would cause serious inconvenience to persons with no control over the defaulting authority.

Jul 30, 2026 sclaw