Supreme Court of India Judgements

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Service Law — Employee’s Plea for Mercy — An employee’s statement pleading innocence and seeking forgiveness for any mistake indirectly admits guilt and warrants mercy. Evidence in Departmental Inquiry — Findings in a departmental inquiry are based on preponderance of probabilities, not strict proof beyond reasonable doubt, and the High Court’s view that findings were based on conjecture and surmises was legally unsustainable if evidence supported the findings Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery. Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC. Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix. State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. Civil Procedure Code, 1908 — Section 80 — Notice to Government or public officer — Mandatory requirement before instituting suit — Failure to issue notice or obtain leave renders suit not maintainable and decree a nullity, even if impleaded later.
Service

Service Law — Employee’s Plea for Mercy — An employee’s statement pleading innocence and seeking forgiveness for any mistake indirectly admits guilt and warrants mercy. Evidence in Departmental Inquiry — Findings in a departmental inquiry are based on preponderance of probabilities, not strict proof beyond reasonable doubt, and the High Court’s view that findings were based on conjecture and surmises was legally unsustainable if evidence supported the findings

Aug 23, 2025 sclaw
Service Law — Employee’s Plea for Mercy — An employee’s statement pleading innocence and seeking forgiveness for any mistake indirectly admits guilt and warrants mercy. Evidence in Departmental Inquiry — Findings in a departmental inquiry are based on preponderance of probabilities, not strict proof beyond reasonable doubt, and the High Court’s view that findings were based on conjecture and surmises was legally unsustainable if evidence supported the findings
Service
Service Law — Employee’s Plea for Mercy — An employee’s statement pleading innocence and seeking forgiveness for any mistake indirectly admits guilt and warrants mercy. Evidence in Departmental Inquiry — Findings in a departmental inquiry are based on preponderance of probabilities, not strict proof beyond reasonable doubt, and the High Court’s view that findings were based on conjecture and surmises was legally unsustainable if evidence supported the findings
Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery.
Education
Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery.
Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.
Cr P C I P C
Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.
Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.
I P C POCSO
Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.
Service Matters
Service

Service Law – Appointment under compassionate grounds – Family pension – Appeal against HELD Basic principles applicable to the cases of compassionate employment, i.e., succor being provided at the stage of unfortunate demise, coupled with compassionate employment not being an alternate method of public employment

Jan 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDIAN BANK AND OTHERS — Appellant Vs. PROMILA AND ANOTHER — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Civil…

Service Matters
Service

Service Law – Termination – Benefit of arrears of salary, seniority and continuity, arrears of salary and related benefits HELD the petitioner should be reinstated, and at the same time, the pay fixation order should ensure that the period of absence which would otherwise be treated as dies non is ignored for the purpose of fixation and fitment of salary alone – The order can also expressly state that the benefit of arrears of salary would not accrue to the petitioner

Jan 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANGILAL KAJODIA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : R.F. Nariman and S. Ravindra Bhat, JJ. ) Writ…

Cheque Dishonour

Negotiable Instruments Act, 1881 – Section 138 – Dishonour of cheque – Suspension of sentence: Section 148 Has Retrospective Application, But 143A Is Prospective HELD non-compliance of the condition can very well hold that the suspension of sentence stands vacated due to non-compliance

Jan 8, 2020 sclaw

NI Act: Section 148 Has Retrospective Application, But 143A Is Prospective, Reiterates SC [Read Judgment] Ashok Kini 8 Jan 2020 4:57 PM The Supreme Court has reiterated that Section 148…

Corporate

Deferred Spectrum charges – Dismissal of Appeal for Refund – Centre’s Appeal against TDSAT order to refund of Rs 104 Crores to Reliance Communications – Order of the TDSAT does not call for any interference – The Union nowhere disputes that the respondent licensees’ liability toward payment of deferred spectrum charges, in May, 2018, was to the tune of Rs. 774.25 crores – The total amount realized upon encashment of the bank guarantees furnished by the respondents, however, was to the extent of Rs. 908.91 crores

Jan 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. RELIANCE COMMUNICATION LIMITED AND ANOTHER — Respondent ( Before : R. F. Nariman and S. Ravindra Bhat, JJ.…

Rent

Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 – Sections 10(2)(i), 10(2)(ii)(a)(b) and 10(2)(iii) – Eviction – Subletting – There is no genuine partnership between respondent no.1 and respondent no.2 – Respondent no.1 has come out with a case of partnership only to get out from the allegation of subletting – The exclusive possession of the suit premises is with respondent no.2. Respondent

Jan 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A.MAHALAKSHMI — Appellant Vs. BALA VENKATRAM (D) THROUGH LR AND ANOTHER — Respondent ( Before : Ashok Bhushan and M.R. Shah, JJ. ) Civil…

I P C

Penal Code, 1860 (IPC) – Sections 300-Exception 4, 302, 304, 304-Part-I, 304-Part-II – Death due to injury in quarrel – Alteration of sentence – It is true that the deceased died because of the injuries caused by the accused – However, as observed above, the incident had taken place on the spur of the moment and after some altercation the accused took the lathi which was lying there and caused the injury on the head of the deceased – The offence committed does not amount to murder.

Jan 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANANTA KAMILYA — Appellant Vs. STATE OF WEST BENGAL — Respondent ( Before : Ashok Bhushan and M. R. Shah, JJ. ) Criminal Appeal…

Murder

Penal Code, 1860 (IPC) – Sections 34, 302, 304, 304-Part II and 307 – Criminal Procedure Code, 1973 (CrPC) – Section 313 – Evidence Act, 1872 – Section 32(1) – Murder – Conviction and sentence – Appeal against – Act of pouring kerosene over a person and then putting him on fire by lighting a match stick has all the ingredients of doing an act with the intention of causing death of a person in a gruesome manner

Jan 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PURSHOTTAM CHOPRA AND ANOTHER — Appellant Vs. STATE (GOVT. OF NCT DELHI) — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. )…

Service Matters
Service

Penal Code, 1860 (IPC) – Section 302 – Army Act, 1950 – Sections 16, 16(2), 69 and 64(c) – Armed Forces Tribunal Act, 2007 – Sections 16 – Army Rules, 1954 – Rule 180 – Dismissal from service -Tribunal does not have jurisdiction to direct re-trial on any other ground except that mentioned in Section 16(2) – Non-compliance of Rule 180 cannot be a ground for ordering a re-trial – In addition, the Tribunal has competence only to order re-trial by the Court Martial – There is no power conferred on the Tribunal to direct the matter to be remanded to a stage prior to the Court Martial proceedings

Jan 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. EX. NO. 3192684 W. SEP. VIRENDRA KUMAR — Respondent ( Before : L. Nageswara Rao and…

Bail Granted

Penal Code, 1860 (IPC) – Sections 148, 120-B, 302 read with Section 149 – Criminal Procedure Code, 1973 (CrPC) – Section 439(2) – Murder – Tampering with evidence – Bail Cancelled – Appeal against -Order of the Sessions Court by which the bail was granted to the Appellants cannot be termed as perverse as the Sessions Court was conscious of the fact that the investigation was completed and there was no likelihood of the Appellant tampering with the evidence

Jan 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MYAKALA DHARMARAJAM AND OTHERS ETC. — Appellant Vs. THE STATE OF TELANGANA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Hemant…

You missed

Service

Service Law — Employee’s Plea for Mercy — An employee’s statement pleading innocence and seeking forgiveness for any mistake indirectly admits guilt and warrants mercy. Evidence in Departmental Inquiry — Findings in a departmental inquiry are based on preponderance of probabilities, not strict proof beyond reasonable doubt, and the High Court’s view that findings were based on conjecture and surmises was legally unsustainable if evidence supported the findings

Aug 23, 2025 sclaw
Education

Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery.

Aug 9, 2025 sclaw
Cr P C I P C

Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.

Aug 9, 2025 sclaw
I P C POCSO

Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.

Aug 9, 2025 sclaw