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.
Domestic Violence

Shared household means where person aggrieved has lived at any time in domestic relationship either singly or with respondent – The household may be a joint family or jointly tenanted irrespective of title or ownership of property. “Right to reside in shared household” – The aggrieved has right to reside in shared household property continues until she proves that she is a victim of domestic violence,

Oct 18, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH SATISH CHANDER AHUJA — Appellant Vs. SNEHA AHUJA — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ. ) Civil…

POSCO

POSCO – -Victim aged 15 years at the time of deposition is matured – Even there can be a conviction based on the sole testimony of the victim, however, she must be found to be reliable and trustworthy – Sole testimony of the victim is absolutely trustworthy and unblemished and her evidence is of sterling quality

Oct 18, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH GANESAN — Appellant Vs. STATE REPRESENTED BY ITS INSPECTOR OF POLICE — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah,…

Service Matters
Service

HELD Post of District Judge (Entry Level) – a criminal case against the appellant under Section 498A/406/34 IPC was pending which was registered on a complaint filed by the wife of the appellant – Such decision of the Committee was well within the jurisdiction and power of the Committee and cannot be said to be unsustainable – Mere fact that subsequently after more than a year when the person whose candidature has been cancelled has been acquitted cannot be a ground to turn the clock backward.

Oct 18, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANIL BHARDWAJ — Appellant Vs. THE HON’BLE HIGH COURT OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Ashok Bhushan and M.R. Shah,…

Limitation

Limitation Act, 1963 – Section 5- Condonation of Delay – in any event the petitioner herein cannot claim benefit of an interim order from the date of disposal of the Writ Appeal – In such event, though this Court has condoned the delay, the grant of an order of statusquo at that juncture was without reference to all these aspects.

Oct 18, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH HANUMAPPA (SINCE DECEASED) BY HIS LRS. AND OTHERS — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : S. A.…

Environment

Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016-Lessees are granted time up to end of January, 2021 for the removal of the minerals excavated/mined on or before 15.03.2018 subject to payment of royalties and other charges. HELD If within the time stipulated above, the lessees could not remove the mineral, the Government shall invoke the power under Rule 12(1)(hh) – Application disposed of.

Oct 18, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH CHOWGULE AND COMPANY PRIVATE LIMITED — Appellant Vs. GOA FOUNDATION AND OTHERS — Respondent ( Before : S. A. Bobde, CJI., A. S. Bopanna…

State Laws

Rajasthan Pre-Emption Act, 1966 – Section 9 – Loss of right of pre-emption on transfer – A right is available once – whether to take it or leave it to a person having a right of pre-emption – If such person finds it is not worth once, it is not an open right available for all times to come to that person

Oct 18, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH RAGHUNATH (D) BY LRS. — Appellant Vs. RADHA MOHAN (D) THR. LRS. AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and…

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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