Supreme Court of India Judgements

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Education Law — Admissions — Eligibility Criteria — Prospectus issued by University — Amendments and Addendums — Appellant admitted to postgraduate program based on provisional admission — Completed course and received degree — University withdrew degree based on initial ineligibility — Court held that due to confusion and uncertainty caused by frequent changes in eligibility criteria, the benefit should go to the appellant, especially since she had completed the course with good marks. Transfer Petition — Jurisdiction — Courts — Petition seeking transfer of matrimonial and criminal cases from one state to another filed by both parties, wife seeking transfer of divorce case from Delhi to UP, husband seeking transfer of criminal cases from UP to Delhi. Parties have also filed special leave petitions against High Court orders. Supreme Court has the power to transfer cases. Penal Code, 1860 — Sections 302, 34, 120B — Murder — Appeal against conviction and sentence for murder — Key eyewitness evidence of the deceased’s son and wife — Distance allegedly covered on bicycle within thirty minutes questioned — Improbability of covering 16 kilometers in that timeframe raised substantial doubt about their presence at the crime scene — Absence of corroboration from other witnesses, who turned hostile and suggested multiple assailants, further weakens the prosecution’s case — Post-mortem report indicating numerous injuries, consistent with multiple attackers — Deceased’s history as a habitual drunkard and criminal suggests potential enmity with various individuals — Conviction based solely on questionable eyewitness testimony not sustainable when reasonable doubt exists about accused’s presence and involvement — Appeal allowed, conviction and sentence set aside Central Civil Services (Classification, Control and Appeal) Rules, 1965, Rule 13(2) and Rule 14, Appendix 3 — Disciplinary proceedings for major penalties — Initiation of by authority competent to impose minor penalties — Permissible — Rule 13(2) allows a disciplinary authority competent to impose minor penalties to institute proceedings for major penalties, even if not competent to impose major penalties itself. – Charge Sheet — Validity of issuance by General Manager (Telecommunications) for major penalties — Held valid as the General Manager is competent to impose minor penalties and Rule 13(2) permits initiation of proceedings for major penalties by such an authority. Land Acquisition Act, 1894 — Section 18 — Maharashtra Industrial Development Act, 1961 — Compensation — Enhancement of — While determining market value, the highest bona fide sale exemplar should generally be considered, not an average of varying sale prices, unless prices have only marginal variations — Averaging of sale instances with significantly different prices is impermissible. Section 51A — Evidence — Certified copies of sale deeds have presumptive value as evidence of the transaction recorded therein — If the state does not produce rebuttal evidence, these documents can be relied upon to determine market value.
Education

Education Law — Admissions — Eligibility Criteria — Prospectus issued by University — Amendments and Addendums — Appellant admitted to postgraduate program based on provisional admission — Completed course and received degree — University withdrew degree based on initial ineligibility — Court held that due to confusion and uncertainty caused by frequent changes in eligibility criteria, the benefit should go to the appellant, especially since she had completed the course with good marks.

Jul 29, 2025 sclaw
Education Law — Admissions — Eligibility Criteria — Prospectus issued by University — Amendments and Addendums — Appellant admitted to postgraduate program based on provisional admission — Completed course and received degree — University withdrew degree based on initial ineligibility — Court held that due to confusion and uncertainty caused by frequent changes in eligibility criteria, the benefit should go to the appellant, especially since she had completed the course with good marks.
Education
Education Law — Admissions — Eligibility Criteria — Prospectus issued by University — Amendments and Addendums — Appellant admitted to postgraduate program based on provisional admission — Completed course and received degree — University withdrew degree based on initial ineligibility — Court held that due to confusion and uncertainty caused by frequent changes in eligibility criteria, the benefit should go to the appellant, especially since she had completed the course with good marks.
Transfer Petition — Jurisdiction — Courts — Petition seeking transfer of matrimonial and criminal cases from one state to another filed by both parties, wife seeking transfer of divorce case from Delhi to UP, husband seeking transfer of criminal cases from UP to Delhi. Parties have also filed special leave petitions against High Court orders. Supreme Court has the power to transfer cases.
Matrimonial
Transfer Petition — Jurisdiction — Courts — Petition seeking transfer of matrimonial and criminal cases from one state to another filed by both parties, wife seeking transfer of divorce case from Delhi to UP, husband seeking transfer of criminal cases from UP to Delhi. Parties have also filed special leave petitions against High Court orders. Supreme Court has the power to transfer cases.
Penal Code, 1860 — Sections 302, 34, 120B — Murder — Appeal against conviction and sentence for murder — Key eyewitness evidence of the deceased’s son and wife — Distance allegedly covered on bicycle within thirty minutes questioned — Improbability of covering 16 kilometers in that timeframe raised substantial doubt about their presence at the crime scene — Absence of corroboration from other witnesses, who turned hostile and suggested multiple assailants, further weakens the prosecution’s case — Post-mortem report indicating numerous injuries, consistent with multiple attackers — Deceased’s history as a habitual drunkard and criminal suggests potential enmity with various individuals — Conviction based solely on questionable eyewitness testimony not sustainable when reasonable doubt exists about accused’s presence and involvement — Appeal allowed, conviction and sentence set aside
Acquittal
Penal Code, 1860 — Sections 302, 34, 120B — Murder — Appeal against conviction and sentence for murder — Key eyewitness evidence of the deceased’s son and wife — Distance allegedly covered on bicycle within thirty minutes questioned — Improbability of covering 16 kilometers in that timeframe raised substantial doubt about their presence at the crime scene — Absence of corroboration from other witnesses, who turned hostile and suggested multiple assailants, further weakens the prosecution’s case — Post-mortem report indicating numerous injuries, consistent with multiple attackers — Deceased’s history as a habitual drunkard and criminal suggests potential enmity with various individuals — Conviction based solely on questionable eyewitness testimony not sustainable when reasonable doubt exists about accused’s presence and involvement — Appeal allowed, conviction and sentence set aside
Central Civil Services (Classification, Control and Appeal) Rules, 1965, Rule 13(2) and Rule 14, Appendix 3 — Disciplinary proceedings for major penalties — Initiation of by authority competent to impose minor penalties — Permissible — Rule 13(2) allows a disciplinary authority competent to impose minor penalties to institute proceedings for major penalties, even if not competent to impose major penalties itself. – Charge Sheet — Validity of issuance by General Manager (Telecommunications) for major penalties — Held valid as the General Manager is competent to impose minor penalties and Rule 13(2) permits initiation of proceedings for major penalties by such an authority.
Service
Central Civil Services (Classification, Control and Appeal) Rules, 1965, Rule 13(2) and Rule 14, Appendix 3 — Disciplinary proceedings for major penalties — Initiation of by authority competent to impose minor penalties — Permissible — Rule 13(2) allows a disciplinary authority competent to impose minor penalties to institute proceedings for major penalties, even if not competent to impose major penalties itself. – Charge Sheet — Validity of issuance by General Manager (Telecommunications) for major penalties — Held valid as the General Manager is competent to impose minor penalties and Rule 13(2) permits initiation of proceedings for major penalties by such an authority.
Service Matters
Service

Appointment – Members of the teaching faculty of the University be it Lecturer or Assistant Professor are entrusted with teaching, which is to be imparted according to academic calendar – It is in the interest of the University that all doubts regarding appointment of teachers are raised within a period of three months to have an early decision by Chancellor to give quietus to the disputes in the University.

Feb 7, 2021 sclaw

(2021) 2 SCALE 227 SUPREME COURT OF INDIA FULL BENCH POORAN CHAND — Appellant Vs. CHANCELLOR AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R.…

Constitution

Constitution of India, 1950 – Article 137 – Review petition – Rejection of Miscellaneous Application seeking recall of a judgment cannot be precluded from filing the present review petition – Rectification of an order emanates from the fundamental principles that justice is above all

Feb 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJENDRA KHARE — Appellant Vs. SWAATI NIRKHI AND OTHERS — Respondent ( Before : Ashok Bhushan and Indu Malhotra, JJ. ) Review Petition (Crl.)…

Bail Declined

Anticipatory bail – Appeal against – except to observe, that the impugned order, to say the least, is perverse; and also because no prejudice should be caused to accused and affect the trial against him – Judgment and order set aside – Investigating Officer is free to take accused into custody – Appeal allowed.

Feb 7, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH G.R. ANANDA BABU — Appellant Vs. THE STATE OF TAMIL NADU AND ANOTHER — Respondent ( Before : A.M. Khanwilkar, B.R. Gavai and Krishna…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 357 and 357-A – Victim compensation – Petitioners contends that both the provisions which appear to have been relied upon in the impugned order i.e. Sections 357 and 357-A of the Criminal Procedure Code would apply only at the stage of conviction and not at the stage of grant of bail so far as payment of compensation to the victims are concerned – This Court would like to examine the issue

Feb 7, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH DHARMESH @ DHARMENDRA @ DHAMO JAGDISHBHAI @ JAGABHAI BHAGUBHAI RATADIA AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT — Respondent ( Before :…

Land Acquisition

Land Acquisition Act, 1894 – Section 4 – Acquisition proceedings – Re-notification – If land already stands acquired by Government and if the same stands vested in Government there is no question of acquisition of such a land by issuing a second notification for the Government cannot acquire its own land –

Feb 2, 2021 sclaw

1/5 SUPREME COURT OF INDIA DIVISION BENCH ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LTD — Appellant Vs. GILLAPUKRI TEA COMPANY LIMITED AND OTHERS. ETC — Respondent ( Before : S. Abdul Nazeer…

Bail Granted

CBI case – Considering the facts and circumstances of the case including the extent of imprisonment undergone, the condition of health of the appellant and the need for the early disposal of the appeal, an order which balances the liberty of the appellant and the interest of the administration of criminal justice, should be passed.

Feb 2, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SWETABH SUMAN — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION — Respondent ( Before : Dr Dhananjaya Y Chandrachud, Indira Banerjee and Sanjiv Khanna, JJ.…

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Education

Education Law — Admissions — Eligibility Criteria — Prospectus issued by University — Amendments and Addendums — Appellant admitted to postgraduate program based on provisional admission — Completed course and received degree — University withdrew degree based on initial ineligibility — Court held that due to confusion and uncertainty caused by frequent changes in eligibility criteria, the benefit should go to the appellant, especially since she had completed the course with good marks.

Jul 29, 2025 sclaw
Matrimonial

Transfer Petition — Jurisdiction — Courts — Petition seeking transfer of matrimonial and criminal cases from one state to another filed by both parties, wife seeking transfer of divorce case from Delhi to UP, husband seeking transfer of criminal cases from UP to Delhi. Parties have also filed special leave petitions against High Court orders. Supreme Court has the power to transfer cases.

Jul 29, 2025 sclaw
Acquittal

Penal Code, 1860 — Sections 302, 34, 120B — Murder — Appeal against conviction and sentence for murder — Key eyewitness evidence of the deceased’s son and wife — Distance allegedly covered on bicycle within thirty minutes questioned — Improbability of covering 16 kilometers in that timeframe raised substantial doubt about their presence at the crime scene — Absence of corroboration from other witnesses, who turned hostile and suggested multiple assailants, further weakens the prosecution’s case — Post-mortem report indicating numerous injuries, consistent with multiple attackers — Deceased’s history as a habitual drunkard and criminal suggests potential enmity with various individuals — Conviction based solely on questionable eyewitness testimony not sustainable when reasonable doubt exists about accused’s presence and involvement — Appeal allowed, conviction and sentence set aside

Jul 29, 2025 sclaw
Service

Central Civil Services (Classification, Control and Appeal) Rules, 1965, Rule 13(2) and Rule 14, Appendix 3 — Disciplinary proceedings for major penalties — Initiation of by authority competent to impose minor penalties — Permissible — Rule 13(2) allows a disciplinary authority competent to impose minor penalties to institute proceedings for major penalties, even if not competent to impose major penalties itself. – Charge Sheet — Validity of issuance by General Manager (Telecommunications) for major penalties — Held valid as the General Manager is competent to impose minor penalties and Rule 13(2) permits initiation of proceedings for major penalties by such an authority.

Jul 29, 2025 sclaw