Supreme Court of India Judgements

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Constitution of India, 1950 — Article 226 — Exercise of Writ Jurisdiction — High Court’s power under Article 226 is extraordinary and discretionary, subject to self-imposed restrictions — Ordinarily, it should not be exercised when an effective alternative remedy is available to the aggrieved person, such as pursuing remedies under statutory frameworks like the CrPC or BNSS, unless specific exceptions apply. Consumer Protection Act, 1986 — Applicability of Order 22 of CPC to death of parties — Section 13(7) made Order 22 of CPC applicable to death of complainant or opposite party, allowing substitution of legal heirs if the right to sue survives — This procedural rule must be harmoniously construed with substantive law like Section 306 of Indian Succession Act, 1925, which governs survivability of causes of action Service Law — Recruitment Rules — Eligibility Criteria — Date of Possession of Qualification — For recruitment to the post of Assistant Prosecution Officer, the essential educational qualification must be possessed by the candidate on the date of submission of the application, not at a later stage like the interview or examination date. Public Administration and Service Rules — Interpretation of merger of departments and promotion rules — The Supreme Court set aside the High Court’s judgment that questioned a government order (G.O.) granting a notional promotion to an employee — The Court found that the original G.O — was issued in compliance with prior High Court orders and a merger policy that was not challenged by any party, thus validating the promotion and subsequent advancements. Companies Act, 1956 — Sections 397, 398, 41 and 2(27) — Member of a company — Locus standi to file petition for oppression and mismanagement — Essential requirement is not just formal entry in register of members, but also equitable consideration of proprietary interest and conduct of the company treating the person as a member
Constitution of India, 1950 — Article 226 — Exercise of Writ Jurisdiction — High Court’s power under Article 226 is extraordinary and discretionary, subject to self-imposed restrictions — Ordinarily, it should not be exercised when an effective alternative remedy is available to the aggrieved person, such as pursuing remedies under statutory frameworks like the CrPC or BNSS, unless specific exceptions apply.
Constitution
Constitution of India, 1950 — Article 226 — Exercise of Writ Jurisdiction — High Court’s power under Article 226 is extraordinary and discretionary, subject to self-imposed restrictions — Ordinarily, it should not be exercised when an effective alternative remedy is available to the aggrieved person, such as pursuing remedies under statutory frameworks like the CrPC or BNSS, unless specific exceptions apply.
Consumer Protection Act, 1986 — Applicability of Order 22 of CPC to death of parties — Section 13(7) made Order 22 of CPC applicable to death of complainant or opposite party, allowing substitution of legal heirs if the right to sue survives — This procedural rule must be harmoniously construed with substantive law like Section 306 of Indian Succession Act, 1925, which governs survivability of causes of action
Consumer
Consumer Protection Act, 1986 — Applicability of Order 22 of CPC to death of parties — Section 13(7) made Order 22 of CPC applicable to death of complainant or opposite party, allowing substitution of legal heirs if the right to sue survives — This procedural rule must be harmoniously construed with substantive law like Section 306 of Indian Succession Act, 1925, which governs survivability of causes of action
Service Law — Recruitment Rules — Eligibility Criteria — Date of Possession of Qualification — For recruitment to the post of Assistant Prosecution Officer, the essential educational qualification must be possessed by the candidate on the date of submission of the application, not at a later stage like the interview or examination date.
Service
Service Law — Recruitment Rules — Eligibility Criteria — Date of Possession of Qualification — For recruitment to the post of Assistant Prosecution Officer, the essential educational qualification must be possessed by the candidate on the date of submission of the application, not at a later stage like the interview or examination date.
Public Administration and Service Rules — Interpretation of merger of departments and promotion rules — The Supreme Court set aside the High Court’s judgment that questioned a government order (G.O.) granting a notional promotion to an employee — The Court found that the original G.O — was issued in compliance with prior High Court orders and a merger policy that was not challenged by any party, thus validating the promotion and subsequent advancements.
Service
Public Administration and Service Rules — Interpretation of merger of departments and promotion rules — The Supreme Court set aside the High Court’s judgment that questioned a government order (G.O.) granting a notional promotion to an employee — The Court found that the original G.O — was issued in compliance with prior High Court orders and a merger policy that was not challenged by any party, thus validating the promotion and subsequent advancements.
Accident

Claimant was working as a Mason – Serious injuries – Multiplier 15 – Judgment and order passed by the High Court modified awarding Rs. 24,000/ towards loss of earing; Rs. 9,00,000/ towards future economic loss (instead of Rs. 5,40,000/ as awarded by the High Court) and Rs. 4,00,000/ towards pain, shock, and suffering – Thus, the claimant shall be entitled to a total sum of Rs. 15,42,800/ with 7.5% interest per annum from the date of the claim petition, till satisfaction – Appeal allowed.

Sep 11, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH VELAYUDHAN — Appellant Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil Appeal…

Cr P C

(CrPC) – Section 482 – Quashing of criminal proceedings on the basis of settlement – Court cannot deal with cases involving abuse of official position and adoption of corrupt practices, like suits for specific performance, where the refund of the money paid may also satisfy the agreement holder – High Court completely erred – Appeal allowed.

Sep 11, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH P. DHARAMARAJ — Appellant Vs. SHANMUGAM AND OTHERS — Respondent ( Before : S. Abdul Nazeer and V. Ramasubramanian, JJ. ) Criminal Appeal No.…

Service Matters
Service

Mistake of State who issued impugned circular – State was not justified in ordering recovery of the excess amount paid with interest, more particularly, when it is reported that some of the doctors/dentists – members of the association have retired on attaining the age of superannuation and the recovery shall be from their pension/pensionary benefits.

Sep 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M.P. MEDICAL OFFICERS ASSOCIATION — Appellant Vs. THE STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

Arbitration

Arbitration Law – Unilateral determination of fees by Arbitrators – A unilateral determination of fees violates the principles of party autonomy and the doctrine of the prohibition of in rem suam decisions, i.e., the arbitrators cannot be a judge of their own private claim against the parties regarding their remuneration

Sep 4, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH OIL AND NATURAL GAS CORPORATION LTD. — Appellant Vs. AFCONS GUNANUSA JV — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Surya Kant and…

Corporate

Companies Act, 1956 – Section 430 – Civil Court’s jurisdiction – Nothing in the Companies Act 2013 or any other law for the time being in force vests either the National Company Law Tribunal or the National Company Law Appellate Tribunal with the jurisdiction to adjudicate upon a challenge to the RBI Circular – Hence, the bar in Section 430 is not attracted.

Sep 4, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH SECURITIES AND EXCHANGE BOARD OF INDIA — Appellant Vs. RAJKUMAR NAGPAL AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Surya Kant…

Cr P C

Cr P C – HELD Quashing – being the members of the Selection Committee, who relied on the documents placed on record without any verification on the assumption that the documents being genuine, recommended his case for appointment and because they are the members of the Selection Committee, that in itself would not, in any manner, implicate them in the commission of crime,

Sep 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MUNNA PRASAD VERMA — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Ajay Rastogi and B.V. Nagarathna, JJ. ) Criminal…

C P C

Mandatory nature of the twin conditions has to be satisfied before an auction sale can be set aside under Order 21 Rule 90(3) – No sale could be set aside unless the Court is satisfied that the applicant has sustained substantial injury by reason of irregularity or fraud in completing or conducting the sale.

Sep 4, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S. JAGAN SINGH AND CO. — Appellant Vs. LUDHIANA IMPROVEMENT TRUST AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, S. Ravindra Bhat…

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Constitution

Constitution of India, 1950 — Article 226 — Exercise of Writ Jurisdiction — High Court’s power under Article 226 is extraordinary and discretionary, subject to self-imposed restrictions — Ordinarily, it should not be exercised when an effective alternative remedy is available to the aggrieved person, such as pursuing remedies under statutory frameworks like the CrPC or BNSS, unless specific exceptions apply.

May 12, 2026 sclaw
Consumer

Consumer Protection Act, 1986 — Applicability of Order 22 of CPC to death of parties — Section 13(7) made Order 22 of CPC applicable to death of complainant or opposite party, allowing substitution of legal heirs if the right to sue survives — This procedural rule must be harmoniously construed with substantive law like Section 306 of Indian Succession Act, 1925, which governs survivability of causes of action

May 12, 2026 sclaw
Service

Service Law — Recruitment Rules — Eligibility Criteria — Date of Possession of Qualification — For recruitment to the post of Assistant Prosecution Officer, the essential educational qualification must be possessed by the candidate on the date of submission of the application, not at a later stage like the interview or examination date.

May 12, 2026 sclaw
Service

Public Administration and Service Rules — Interpretation of merger of departments and promotion rules — The Supreme Court set aside the High Court’s judgment that questioned a government order (G.O.) granting a notional promotion to an employee — The Court found that the original G.O — was issued in compliance with prior High Court orders and a merger policy that was not challenged by any party, thus validating the promotion and subsequent advancements.

May 12, 2026 sclaw