Supreme Court of India Judgements

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Central Civil Services (Revised Pay) Rules, 2008; Seventh Central Pay Commission Recommendations — Non-Functional Upgradation (NFU) to Level 9 — Recommendation 7.4.13 (iv) (b) — Eligibility criteria — Completion of four years in Level 8 on seniority-cum-suitability basis — Interpretation of — Held, denial of NFU on the ground that Junior Engineers did not enter service at Grade Pay of Rs — 4,800/- amounts to adding an additional condition not contemplated by the recommendation. Foreign Exchange Management Act, 1999 (FEMA) — Section 37A — Seizure of assets — Adjudication proceedings are independent of seizure proceedings — The order of the Competent Authority confirming seizure of equivalent assets continues until the disposal of adjudication proceedings — The Adjudicating Authority then passes appropriate directions regarding further action on the seizure — However, this does not apply to a situation where seizure has not been confirmed. Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of jurisdiction under Section 11 is confined to existence of an arbitration agreement — Issue of res judicata not considered at Section 11 stage — Principles of Order 23 Rule 1 of CPC apply to proceedings under Section 11 — A fresh application under Section 11 is not maintainable if the earlier application was withdrawn without liberty to file a fresh one. Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty. Service Law — Dismissal from Service — Disciplinary Proceedings — Violation of Natural Justice — Requirement of Oral Enquiry — Employer’s Burden of Proof — The Apex Court held that unless the charged employee clearly admits guilt, a disciplinary enquiry must be held — The employer must first present evidence and witnesses, allowing the employee to cross-examine — Only then should the employee be given an opportunity to present their defense — The Court emphasized that relying solely on documents without examining witnesses or making them available for cross-examination when charges are denied, vitiates the enquiry.
Service

Central Civil Services (Revised Pay) Rules, 2008; Seventh Central Pay Commission Recommendations — Non-Functional Upgradation (NFU) to Level 9 — Recommendation 7.4.13 (iv) (b) — Eligibility criteria — Completion of four years in Level 8 on seniority-cum-suitability basis — Interpretation of — Held, denial of NFU on the ground that Junior Engineers did not enter service at Grade Pay of Rs — 4,800/- amounts to adding an additional condition not contemplated by the recommendation.

Apr 6, 2026 sclaw
Constitution

Foreign Exchange Management Act, 1999 (FEMA) — Section 37A — Seizure of assets — Adjudication proceedings are independent of seizure proceedings — The order of the Competent Authority confirming seizure of equivalent assets continues until the disposal of adjudication proceedings — The Adjudicating Authority then passes appropriate directions regarding further action on the seizure — However, this does not apply to a situation where seizure has not been confirmed.

Apr 6, 2026 sclaw
Central Civil Services (Revised Pay) Rules, 2008; Seventh Central Pay Commission Recommendations — Non-Functional Upgradation (NFU) to Level 9 — Recommendation 7.4.13 (iv) (b) — Eligibility criteria — Completion of four years in Level 8 on seniority-cum-suitability basis — Interpretation of — Held, denial of NFU on the ground that Junior Engineers did not enter service at Grade Pay of Rs — 4,800/- amounts to adding an additional condition not contemplated by the recommendation.
Service
Central Civil Services (Revised Pay) Rules, 2008; Seventh Central Pay Commission Recommendations — Non-Functional Upgradation (NFU) to Level 9 — Recommendation 7.4.13 (iv) (b) — Eligibility criteria — Completion of four years in Level 8 on seniority-cum-suitability basis — Interpretation of — Held, denial of NFU on the ground that Junior Engineers did not enter service at Grade Pay of Rs — 4,800/- amounts to adding an additional condition not contemplated by the recommendation.
Foreign Exchange Management Act, 1999 (FEMA) — Section 37A — Seizure of assets — Adjudication proceedings are independent of seizure proceedings — The order of the Competent Authority confirming seizure of equivalent assets continues until the disposal of adjudication proceedings — The Adjudicating Authority then passes appropriate directions regarding further action on the seizure — However, this does not apply to a situation where seizure has not been confirmed.
Constitution
Foreign Exchange Management Act, 1999 (FEMA) — Section 37A — Seizure of assets — Adjudication proceedings are independent of seizure proceedings — The order of the Competent Authority confirming seizure of equivalent assets continues until the disposal of adjudication proceedings — The Adjudicating Authority then passes appropriate directions regarding further action on the seizure — However, this does not apply to a situation where seizure has not been confirmed.
Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of jurisdiction under Section 11 is confined to existence of an arbitration agreement — Issue of res judicata not considered at Section 11 stage — Principles of Order 23 Rule 1 of CPC apply to proceedings under Section 11 — A fresh application under Section 11 is not maintainable if the earlier application was withdrawn without liberty to file a fresh one.
Arbitration
Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of jurisdiction under Section 11 is confined to existence of an arbitration agreement — Issue of res judicata not considered at Section 11 stage — Principles of Order 23 Rule 1 of CPC apply to proceedings under Section 11 — A fresh application under Section 11 is not maintainable if the earlier application was withdrawn without liberty to file a fresh one.
Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty.
Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 156(3) and 173 – Protest petition – When a complaint sent to police under/S 156(3) for investigation and then a protest petition is filed, the Magistrate after accepting the final report of the police under Section 173 and discharging the accused persons has the power to deal with the protest petition.

Jun 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH SUBHASH SAHEBRAO DESHMUKH — Appellant Vs. SATISH ATMARAM TALEKAR AND OTHERS — Respondent ( Before : Navin Sinha and Indira Banerjee, JJ. )…

Matrimonial

Muslim Women (Protection of Rights on Divorce) Act, 1986 – Section 3 – Muslim divorce – Maintenance – Whether the family court has jurisdiction to try application filed by Muslim divorced woman for maintenance under Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986 – Matter be placed before Hon’ble the Chief Justice of India for referring the matter to the Larger Bench.

Jun 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH RANA NAHID @ RESHMA @ SANA AND ANOTHERS — Appellant Vs. SAHIDUL HAQ CHISTI — Respondent ( Before : R. Banumathi and Indira…

Accident

Motor Vehicles Act, 1988 – Section 2(30) – Definition of the expression ‘owner’ in Section 2(30) of the Motor Vehicles Act, 1988, it is the person in whose name the motor vehicle stands registered, who, for the purposes of the said Act, would be treated as the owner of the vehicle.

Jun 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH SURENDRA KUMAR BHILAWE — Appellant Vs. THE NEW INDIA ASSURANCE COMPANY LIMITED — Respondent ( Before : R. Banumathi and Indira Banerjee, JJ.…

Rent

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Sections 12, 16, 16(1)(b) and 18 – Appeal against order of allotment or release – Sub-letting the property to some other persons who were not the family members of the tenant – A perusal of the inspection report clearly established, that the original tenant was residing in the tenanted premises along with his son, brother’s son and their families. Appeal allowed.

Jun 26, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH MOHD. INAM — Appellant Vs. SANJAY KUMAR SINGHAL AND OTHERS — Respondent ( Before : Navin Sinha and B.R. Gavai, JJ. ) Civil…

Constitution

Government has no right to walk into the Court as and when they want “We have categorized such cases as “certificate cases” where the only purpose is to approach this court to get a certificate of dismissal of the appeal/petition and such endeavours must be discouraged.”

Jun 24, 2020 sclaw

Filing Of ‘Certificate Cases’ Must Be Discouraged, Says SC [Read Order] LIVELAW NEWS NETWORK 21 Jun 2020 11:27 AM “We have categorized such cases as “certificate cases” where the only…

Constitution

Constitution of India, 1950 – Article 136 – Rajasthan Transparency in Public Procurement Rules, 2013 – Rule 70(8) – Grant of contract – Once the bidding process is complete, the appellant is entitled to take work from the successful bidders rather than taking work from the short-term tenderers who were granted contract in exigency of the situation.

Jun 24, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH RAJASTHAN STATE WAREHOUSING CORPORATION — Appellant Vs. STAR AGRIWAREHOUSING AND COLLATERAL MANAGEMENT LIMITED AND OTHERS — Respondent ( Before : Hemant Gupta and…

Constitution

IMP ::: Jagannath Rath Yatra – This Court Suggested to the parties that the procession of chariots, i.e., the Rath Yatra itself, could be allowed to proceed, however, without the general congregation which participates in this Yatra and informed that it would be well nigh impossible to ensure that there is no congregation

Jun 24, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH ODISHA VIKASH PARISHAD — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Mr. S.A. Bobde, CJ., Mr. Dinesh Maheshwari…

I P C

Penal Code, 1860 – Sections 114 and 307 – Arms Act, 1959 – Section 25(1)(B)(a) – Bombay Police Act, 1951 – Section 135(1) – Attempt to Murder – Sentence enhanced from Six to Seven Years by High Court – Appeal against – Minor discrepancies in evidence and inability to recall details of the description of houses, roads and streets after several years, do not vitiate the evidence of recovery itself

Jun 20, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH MUSTAK @ KANIO AHMED SHAIKH — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : R. Banumathi and Indira Banerjee, JJ. )…

Constitution

Amrapali : SC Directs ED To Transfer JP Morgan’s Attached Money For Construction Purposes HELD that let the attached money of the home buyers, which is diverted as found in the aforesaid order, be transmitted by the Enforcement Directorate to the Amrapali Account [UCO Bank A/c No. 02070210002834] maintained by the Registry of this Court and be utilized for the purpose of construction of the projects.

Jun 20, 2020 sclaw

Amrapali : SC Directs ED To Transfer JP Morgan’s Attached Money For Construction Purposes [Read Order] Nilashish Chaudhary 20 Jun 2020 12:51 PM In a significant development regarding the completion…

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Service

Central Civil Services (Revised Pay) Rules, 2008; Seventh Central Pay Commission Recommendations — Non-Functional Upgradation (NFU) to Level 9 — Recommendation 7.4.13 (iv) (b) — Eligibility criteria — Completion of four years in Level 8 on seniority-cum-suitability basis — Interpretation of — Held, denial of NFU on the ground that Junior Engineers did not enter service at Grade Pay of Rs — 4,800/- amounts to adding an additional condition not contemplated by the recommendation.

Apr 6, 2026 sclaw
Constitution

Foreign Exchange Management Act, 1999 (FEMA) — Section 37A — Seizure of assets — Adjudication proceedings are independent of seizure proceedings — The order of the Competent Authority confirming seizure of equivalent assets continues until the disposal of adjudication proceedings — The Adjudicating Authority then passes appropriate directions regarding further action on the seizure — However, this does not apply to a situation where seizure has not been confirmed.

Apr 6, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of jurisdiction under Section 11 is confined to existence of an arbitration agreement — Issue of res judicata not considered at Section 11 stage — Principles of Order 23 Rule 1 of CPC apply to proceedings under Section 11 — A fresh application under Section 11 is not maintainable if the earlier application was withdrawn without liberty to file a fresh one.

Apr 6, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty.

Apr 5, 2026 sclaw