Supreme Court of India Judgements

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Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged. Contempt of Courts Act, 1971 — Sections 2(c), 19 — Criminal Contempt — Scandalising the court — An advocate’s public allegations against a sitting judge, made via a press conference and repeated in court applications, can constitute criminal contempt by scandalising the court, lowering its authority, and interfering with judicial proceedings — Such conduct is unbecoming of a legal professional and undermines public confidence in the judiciary. Recruitment Rules and Advertisement — Essential Qualifications — Work Experience — In absence of a specific rule or advertisement provision, a recruiting agency cannot relax essential eligibility criteria by treating a higher qualification as a replacement for a mandatory essential qualification — A preference for a higher qualification operates only for eligible and meritorious candidates and does not override or supplant the primary requirement of essential eligibility. Industrial Disputes Act, 1947 — Section 10 — Relief of back wages and regularisation — Employee illegally terminated, ordered reinstatement with back wages by Labour Commissioner and Industrial Court — Employer challenged, but interim order for back wages deposit was made and employee reinstated as daily wager — Employee sought regularisation after completing 180 days of service, granted by Industrial Court from the date of 180 days completion as per settlement clause — Employer failed to comply timely, only regularising employee on a sanctioned post after many years, imposing new conditions contrary to prior orders — Supreme Court held that employer cannot impose new conditions limiting regularisation contrary to earlier unchallenged orders and settlement terms, and reversed High Court’s decision setting aside back wages order. Arbitration and Conciliation Act, 1996 — Section 34 — Challenge to Arbitral Award — Legal Representatives — The Arbitration Act is a complete code for dispute resolution — Legal representatives of a deceased party are entitled to challenge an arbitral award under Section 34 of the Act, as the Act envisions continuity of proceedings after a party’s death and makes awards enforceable by or against legal representatives — Denying this right would render legal representatives remediless while making them liable to fulfill the award, contradicting the Act’s purpose.
Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged.
Land Acquisition
Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged.
Contempt of Courts Act, 1971 — Sections 2(c), 19 — Criminal Contempt — Scandalising the court — An advocate’s public allegations against a sitting judge, made via a press conference and repeated in court applications, can constitute criminal contempt by scandalising the court, lowering its authority, and interfering with judicial proceedings — Such conduct is unbecoming of a legal professional and undermines public confidence in the judiciary.
Contempt
Contempt of Courts Act, 1971 — Sections 2(c), 19 — Criminal Contempt — Scandalising the court — An advocate’s public allegations against a sitting judge, made via a press conference and repeated in court applications, can constitute criminal contempt by scandalising the court, lowering its authority, and interfering with judicial proceedings — Such conduct is unbecoming of a legal professional and undermines public confidence in the judiciary.
Recruitment Rules and Advertisement — Essential Qualifications — Work Experience — In absence of a specific rule or advertisement provision, a recruiting agency cannot relax essential eligibility criteria by treating a higher qualification as a replacement for a mandatory essential qualification — A preference for a higher qualification operates only for eligible and meritorious candidates and does not override or supplant the primary requirement of essential eligibility.
Service
Recruitment Rules and Advertisement — Essential Qualifications — Work Experience — In absence of a specific rule or advertisement provision, a recruiting agency cannot relax essential eligibility criteria by treating a higher qualification as a replacement for a mandatory essential qualification — A preference for a higher qualification operates only for eligible and meritorious candidates and does not override or supplant the primary requirement of essential eligibility.
Industrial Disputes Act, 1947 — Section 10 — Relief of back wages and regularisation — Employee illegally terminated, ordered reinstatement with back wages by Labour Commissioner and Industrial Court — Employer challenged, but interim order for back wages deposit was made and employee reinstated as daily wager — Employee sought regularisation after completing 180 days of service, granted by Industrial Court from the date of 180 days completion as per settlement clause — Employer failed to comply timely, only regularising employee on a sanctioned post after many years, imposing new conditions contrary to prior orders — Supreme Court held that employer cannot impose new conditions limiting regularisation contrary to earlier unchallenged orders and settlement terms, and reversed High Court’s decision setting aside back wages order.
Labour Cases
Industrial Disputes Act, 1947 — Section 10 — Relief of back wages and regularisation — Employee illegally terminated, ordered reinstatement with back wages by Labour Commissioner and Industrial Court — Employer challenged, but interim order for back wages deposit was made and employee reinstated as daily wager — Employee sought regularisation after completing 180 days of service, granted by Industrial Court from the date of 180 days completion as per settlement clause — Employer failed to comply timely, only regularising employee on a sanctioned post after many years, imposing new conditions contrary to prior orders — Supreme Court held that employer cannot impose new conditions limiting regularisation contrary to earlier unchallenged orders and settlement terms, and reversed High Court’s decision setting aside back wages order.
Land Acquisition

Appellants pleaded fraud on part of Gaon Sabha in support of appeal and sought reversal of High Court judgement in RSA. HELD It is fairly well settled that fraud has to be pleaded and proved. More so, when a judgment and decree passed earlier by the competent court is questioned, it is necessary to plead alleged fraud by necessary particulars and same has to be proved by cogent evidence. Appeal dismissed

Aug 14, 2020 sclaw

Appellants pleaded fraud on part of Gaon Sabha in support of appeal and sought reversal oh High Court judgement in RSA. HELD It is fairly well settled that fraud has to…

Constitution

Authority of the “Monitoring Committee to seal the residential premises on the private land” particularly when they are not being used for the “commercial purpose” in Vasant Kunj and Rajokari area. HELD whether the premises are authorized or unauthorized, can be regularized or not, compounding can be done, or whether there is any deviation made. The report of the Monitoring Committee and findings recorded by it are of no use as it had no such authority to go into such questions. Properties de-sealed.

Aug 14, 2020 sclaw

We are not going into the merits of the other submissions, whether the premises are authorized or unauthorized, can be regularized or not, compounding can be done, or whether there…

Corporate

HELD limitation period for application under Section 7 of the Insolvency and Bankruptcy Code is three years as provided by Article 137 of the Limitation Act, which commences from the date of default and is extendable only by application of Section 5 of Limitation Act if any case for condonation of delay is made out.

Aug 14, 2020 sclaw

Limitation period for application under Section 7 of the Insolvency and Bankruptcy Code is three years as provided by Article 137 of the Limitation Act, which commences from the date…

Contempt

IN RE: PRASHANT BHUSHAN & ANR. …. ALLEGED CONTEMNOR(S) “When the foundation itself is sought to be shaken by acts which tend to create disaffection and disrespect for the authority of the court by creating distrust in its working, the edifice of the judicial system gets eroded. The scurrilous/malicious attacks by the alleged contemnor No.1 are not only against one or two judges but the entire Supreme Court in its functioning of the last six years” HELD we hold alleged contemnor No.1 – Mr. Prashant Bhushan guilty of having committed criminal contempt of this Court.

Aug 14, 2020 sclaw

IN RE: PRASHANT BHUSHAN & ANR. …. ALLEGED CONTEMNOR(S) “In our considered view, the said tweet undermines the dignity and authority of the institution of the Supreme Court of India…

Service Matters
Service

HELD maxim ‘noscitur a socilis’ whereby a word or phrase is not to be construed as if it stood alone but in the light of its surroundings words and particular general words, cannot be read in isolation, their colour and their content are derived from their context . The respondents having less percentage of member ship cannot be termed as ‘distinct category of government servants’. Appeal allowed.

Aug 12, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH GOVERNMENT OF INDIA AND OTHERS — Appellant Vs. ISRO DRIVERS ASSOCIATION — Respondent ( Before : Sanjay Kishan Kaul, Ajay Rastogi and Aniruddha…

Corporate

Mines and Minerals (Development and Regulation) Act, 1957 – Section 21(5) – Permission to resume regular mining operations – Delay in payment of the compensation along with interest is condoned – Applicant permitted to resume mining operations subject to all necessary clearances required in accordance with law being obtained

Aug 11, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH COMMON CAUSE — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S.A. Bobde, CJI., A.S. Bopanna and V. Ramasubramanian,…

Will & Succession

The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities.(ii) rights can be claimed by the daughter born earlier with effect from 9.9.2005 subject to Section 6(1) (iii) coparcenary is by birth, it is not necessary that father coparcener should be living as on 9.9.2005.(iv) The provisions of the Section 6 are required to be given full effect. Notwithstanding that a preliminary decree has been passed the daughters are to be given share in coparcenary equal to that of a son  in pending proceedings for final decree or in an appeal. (v) A plea of partition based on oral evidence alone cannot be accepted and to be rejected outrightly. (vi) The daughters cannot be deprived of their right of equality conferred upon them by Section 6.

Aug 11, 2020 sclaw

The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as…

Corporate

HELD “sample being sent and tested 8 months beyond the shelf life of the product in this case. It is thus clear that the valuable right granted by Section 25 of the Drugs and Cosmetics Act kicks in on the facts of this case, which would necessarily render any penalty based upon the said analysis of the sample as void.”

Aug 10, 2020 sclaw

A valuable right is granted to a person who is sought to be penalized under these Acts to have a sample tested by the Government Analyst that is found against…

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Land Acquisition

Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged.

Apr 25, 2026 sclaw
Contempt

Contempt of Courts Act, 1971 — Sections 2(c), 19 — Criminal Contempt — Scandalising the court — An advocate’s public allegations against a sitting judge, made via a press conference and repeated in court applications, can constitute criminal contempt by scandalising the court, lowering its authority, and interfering with judicial proceedings — Such conduct is unbecoming of a legal professional and undermines public confidence in the judiciary.

Apr 25, 2026 sclaw
Service

Recruitment Rules and Advertisement — Essential Qualifications — Work Experience — In absence of a specific rule or advertisement provision, a recruiting agency cannot relax essential eligibility criteria by treating a higher qualification as a replacement for a mandatory essential qualification — A preference for a higher qualification operates only for eligible and meritorious candidates and does not override or supplant the primary requirement of essential eligibility.

Apr 25, 2026 sclaw
Labour Cases

Industrial Disputes Act, 1947 — Section 10 — Relief of back wages and regularisation — Employee illegally terminated, ordered reinstatement with back wages by Labour Commissioner and Industrial Court — Employer challenged, but interim order for back wages deposit was made and employee reinstated as daily wager — Employee sought regularisation after completing 180 days of service, granted by Industrial Court from the date of 180 days completion as per settlement clause — Employer failed to comply timely, only regularising employee on a sanctioned post after many years, imposing new conditions contrary to prior orders — Supreme Court held that employer cannot impose new conditions limiting regularisation contrary to earlier unchallenged orders and settlement terms, and reversed High Court’s decision setting aside back wages order.

Apr 25, 2026 sclaw