Supreme Court of India Judgements

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Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity. Evidence Act, 1872 — Section 35 — Relevancy of entries in public records — Entries made by public servants in discharge of official duty or by other persons in performance of a duty enjoined by law are relevant facts. — Family Register maintained under the U.P. Panchayat Raj Act, 1947, and Voters’ List are considered public records and public documents. — School records from a private, though government-recognized, school are not public documents, and the headmaster is not a public servant for the purposes of Section 35. Industrial Disputes Act, 1947 — Section 12(3) — Memorandum of Settlement — Binding nature — Clause 14 of 1979 settlement providing alternate employment for colour blind drivers held valid and enforceable despite subsequent 1986 settlement and policy circulars — 1986 settlement did not expressly supersede 1979 settlement and was general in nature, while 1979 settlement was specific to colour blindness and did not contain a termination clause, thus operating harmoniously. Criminal proceedings may be quashed if allegations, even when uncontroverted, fail to establish an offense, considering freedom of speech and assembly. Criminal proceedings can be quashed if a civil dispute is disguised as a criminal offense, indicating an abuse of process. Penal Code, 1860 (IPC) — Sections 419, 420, 467, 468, 471 — Cheating, Forgery, Using Forged Document — Abuse of process of law — Civil dispute disguised as criminal offence — Complaint filed after significant delay following dismissal of objections and failure to pursue civil remedies — Allegations of fabrication of will and circumvention of sale deed not prima facie made out — Continuation of proceedings would be an abuse of process and not serve ends of justice — High Court erred in refusing to quash — Order set aside and proceedings quashed.
Evidence Act Juvenile Justice

Evidence Act, 1872 — Section 35 — Relevancy of entries in public records — Entries made by public servants in discharge of official duty or by other persons in performance of a duty enjoined by law are relevant facts. — Family Register maintained under the U.P. Panchayat Raj Act, 1947, and Voters’ List are considered public records and public documents. — School records from a private, though government-recognized, school are not public documents, and the headmaster is not a public servant for the purposes of Section 35.

Aug 5, 2025 sclaw
Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity.
Constitution
Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity.
Evidence Act, 1872 — Section 35 — Relevancy of entries in public records — Entries made by public servants in discharge of official duty or by other persons in performance of a duty enjoined by law are relevant facts. — Family Register maintained under the U.P. Panchayat Raj Act, 1947, and Voters’ List are considered public records and public documents. — School records from a private, though government-recognized, school are not public documents, and the headmaster is not a public servant for the purposes of Section 35.
Evidence Act Juvenile Justice
Evidence Act, 1872 — Section 35 — Relevancy of entries in public records — Entries made by public servants in discharge of official duty or by other persons in performance of a duty enjoined by law are relevant facts. — Family Register maintained under the U.P. Panchayat Raj Act, 1947, and Voters’ List are considered public records and public documents. — School records from a private, though government-recognized, school are not public documents, and the headmaster is not a public servant for the purposes of Section 35.
Industrial Disputes Act, 1947 — Section 12(3) — Memorandum of Settlement — Binding nature — Clause 14 of 1979 settlement providing alternate employment for colour blind drivers held valid and enforceable despite subsequent 1986 settlement and policy circulars — 1986 settlement did not expressly supersede 1979 settlement and was general in nature, while 1979 settlement was specific to colour blindness and did not contain a termination clause, thus operating harmoniously.
Labour Cases
Industrial Disputes Act, 1947 — Section 12(3) — Memorandum of Settlement — Binding nature — Clause 14 of 1979 settlement providing alternate employment for colour blind drivers held valid and enforceable despite subsequent 1986 settlement and policy circulars — 1986 settlement did not expressly supersede 1979 settlement and was general in nature, while 1979 settlement was specific to colour blindness and did not contain a termination clause, thus operating harmoniously.
Criminal proceedings may be quashed if allegations, even when uncontroverted, fail to establish an offense, considering freedom of speech and assembly.
I P C
Criminal proceedings may be quashed if allegations, even when uncontroverted, fail to establish an offense, considering freedom of speech and assembly.
Cr P C

(CrPC) – Magistrate can in exercise of powers under Section 156(3) of the Code order/direct the concerned Incharge/SHO of the police station to lodge/register crime case/FIR even for the offences under the MMDR Act and the Rules made thereunder and at this stage the bar under Section 22 of the MMDR Act shall not be attracted.

Dec 6, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAYANT ETC. — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : Ashok Bhushan and M.R. Shah, JJ. ) Criminal Appeal…

Service Matters
Service

If an appointment is made illegally or irregularly, the same cannot be made the basis of further appointment and erroneous decision cannot be permitted to perpetuate further error to the detriment of the general welfare of the public or a considerable section. (See : Union of India and Another vs. Kartick Chandra Mondal and Others, (2010) 2 SCC 422)

Dec 6, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH PANKJESHWAR SHARMA AND OTHERS — Appellant Vs. STATE OF JAMMU & KASHMIR AND OTHERS — Respondent ( Before : L. Nageswara Rao, Hemant Gupta…

Service Matters
Service

Time bound promotional scale – Claim of the appellants of discrimination and arbitrariness on the basis of time bound promotional scale granted to juniors is not found to be sustainable – Appellants are not entitled to time bound promotional scale on the basis of parity in the other cases

Dec 6, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH INDERJIT SINGH SODHI AND OTHERS — Appellant Vs. THE CHAIRMAN, PUNJAB STATE ELECTRICITY BOARD AND ANOTHER — Respondent ( Before : L. Nageswara Rao,…

Bail Granted

(CrPC) – Section 438 – Anticipatory bail – Delay in lodging of FIR – Many a time, delay may not be fatal to the criminal proceedings. However, it always depends upon the facts and circumstances of each case – However, at the same time, a long delay like 29 years as in the present case can certainly be a valid consideration for grant of anticipatory bail.

Dec 6, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH SUMEDH SINGH SAINI — Appellant Vs. STATE OF PUNJAB AND ANOTHER — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah,…

Cr P C

(CrPC) – Section 161 and 161(3) – Installation of CCTV cameras in police stations – State Level Oversight Committee (SLOC) and the Central Oversight Body (COB) (where applicable) shall give directions to all Police Stations, investigative/enforcement agencies to prominently display at the entrance and inside the police stations/offices of investigative/enforcement agencies about the coverage of the concerned premises by CCTV.

Dec 4, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH PARAMVIR SINGH SAINI — Appellant Vs. BALJIT SINGH AND OTHERS — RespondentS ( Before : R. F. Nariman, K.M. Joseph and Aniruddha Bose, JJ.…

Corporate

E P F M P Act, 1952 – Ss 1(3)(B) and 7A – Private Security Agencies (Regulation) Act, 2005 – Section 2(g) – Provisions of the EPF Act are applicable to a private security agency engaged in the expert service of providing personnel to its client, if it meets the requirement of the EPF Act – Merely because the client pays money does not become employer of guard

Dec 4, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. PANTHER SECURITY SERVICE PRIVATE LIMITED — Appellant Vs. THE EMPLOYEES’ PROVIDENT FUND ORGANISATION AND ANOTHER — Respondent ( Before : Navin Sinha and…

Acquittal

Acquittal – Dowry death – Presumption – Ingredients of the offence are well-settled – A marriage performed within seven years before the death of the wife – Death must be unnatural – Soon before the death, the deceased wife must have been at the receiving end of cruelty or harassment, on account of demand for dowry – It is described as dowry death – Relatives concerned, including husband, become liable – Section 113B of the Evidence Act comes to the rescue of the prosecutor by providing for a presumption that a person has caused dowry death

Dec 4, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH SANDEEP KUMAR AND OTHERS — Appellant Vs. STATE OF UTTARAKHAND AND ANOTHER — Respondent ( Before : Rohinton Fali Nariman, K.M. Joseph and Aniruddha…

Electricity Act

Unjust enrichment of a person occurs when he has and retains money or benefits which in justice and equity belong to another – Doctrine of unjust enrichment could have been attracted if the respondent had passed on the electricity duty to its customers and then retained the refund occasioned by the 50 per cent rebate in its own pocket – This is not demonstrated to be the factual position and hence, the respondent cannot be denied relief on the application of the doctrine.

Dec 4, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JHARKHAND AND OTHERS — Appellant Vs. BRAHMPUTRA METALLICS LTD., RANCHI AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…

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Constitution

Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity.

Aug 5, 2025 sclaw
Evidence Act Juvenile Justice

Evidence Act, 1872 — Section 35 — Relevancy of entries in public records — Entries made by public servants in discharge of official duty or by other persons in performance of a duty enjoined by law are relevant facts. — Family Register maintained under the U.P. Panchayat Raj Act, 1947, and Voters’ List are considered public records and public documents. — School records from a private, though government-recognized, school are not public documents, and the headmaster is not a public servant for the purposes of Section 35.

Aug 5, 2025 sclaw
Labour Cases

Industrial Disputes Act, 1947 — Section 12(3) — Memorandum of Settlement — Binding nature — Clause 14 of 1979 settlement providing alternate employment for colour blind drivers held valid and enforceable despite subsequent 1986 settlement and policy circulars — 1986 settlement did not expressly supersede 1979 settlement and was general in nature, while 1979 settlement was specific to colour blindness and did not contain a termination clause, thus operating harmoniously.

Aug 5, 2025 sclaw
I P C

Criminal proceedings may be quashed if allegations, even when uncontroverted, fail to establish an offense, considering freedom of speech and assembly.

Aug 1, 2025 sclaw