Supreme Court of India Judgements

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Gratuity — Withholding of gratuity due to non-vacation of company-allotted accommodation — SAIL Gratuity Rules, 1978, Rule 3.2.1(c) expressly empowers management to withhold gratuity for non-compliance with company rules, including non-vacation of accommodation — No interest payable on gratuity withheld for period of unauthorized occupation — Management is entitled to adjust penal rent accrued for retention beyond permissible period from gratuity amount — Order of March 31, 2017 in Ram Naresh Singh’s case was a concession based on specific facts and not binding precedent, unlike the order of December 15, 2020 in S.L.P — (C) No — 11025 of 2020 which clarified principles of penal rent adjustment Motor Vehicles Act, 1988 — Section 166 — Motor Accidents Claims Tribunal (MACT) — Assessment of compensation — Functional disability vs — Physical disability — High Court reduced functional disability from 63% assessed by Medical Board to 30% without providing cogent reasons, constituting an erroneous appreciation of evidence and misapplication of legal principles — Such reduction, without convincing evidence impeaching medical certificates and without assigning adequate reasons, was unjustified — Supreme Court, to do complete justice and avoid further delay, examined functional disability on merits, considering medical and neuropsychological reports indicating severe cognitive impairment, partial blindness, and orthopedic limitations — Held, functional disability for calculating loss of earning capacity should be assessed at 100% given the claimant’s managerial role and the profound impact of injuries on his cognitive and functional abilities — Compensation recalculated accordingly, enhancing the award from Rs — 35,61,000/- to Rs — 97,73,011/-. Criminal Procedure Code, 1973 (CrPC) — Sections 221 and 222 — Conviction for offence not charged — High Court rightly reversed the conviction under Section 364 of IPC when the charge was for Section 302 of IPC, as Section 364 is not a minor or cognate offence to Section 302, making conviction without specific charge or notice prejudicial to fair trial Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of “consumer” — Commercial purpose — Deposit of surplus funds by a company in a bank for earning interest does not automatically make it a commercial purpose, but if the deposit is made to leverage credit facilities for augmenting business, it would have a direct nexus with revenue generation/profits — The identity of the purchaser or the value of the transaction is not conclusive, but the dominant intention or purpose behind the transaction is determining. Penal Code, 1860 (IPC) — Sections 406 and 420 — Criminal breach of trust and cheating — For an offence of cheating under Section 415 IPC, a fraudulent or dishonest intention must exist at the time of making the promise or representation — Mere failure to keep a promise subsequently does not automatically prove dishonest intention from the beginning — Every breach of contract does not amount to cheating, unless there was deception at the inception.
Service

Gratuity — Withholding of gratuity due to non-vacation of company-allotted accommodation — SAIL Gratuity Rules, 1978, Rule 3.2.1(c) expressly empowers management to withhold gratuity for non-compliance with company rules, including non-vacation of accommodation — No interest payable on gratuity withheld for period of unauthorized occupation — Management is entitled to adjust penal rent accrued for retention beyond permissible period from gratuity amount — Order of March 31, 2017 in Ram Naresh Singh’s case was a concession based on specific facts and not binding precedent, unlike the order of December 15, 2020 in S.L.P — (C) No — 11025 of 2020 which clarified principles of penal rent adjustment

Mar 21, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 166 — Motor Accidents Claims Tribunal (MACT) — Assessment of compensation — Functional disability vs — Physical disability — High Court reduced functional disability from 63% assessed by Medical Board to 30% without providing cogent reasons, constituting an erroneous appreciation of evidence and misapplication of legal principles — Such reduction, without convincing evidence impeaching medical certificates and without assigning adequate reasons, was unjustified — Supreme Court, to do complete justice and avoid further delay, examined functional disability on merits, considering medical and neuropsychological reports indicating severe cognitive impairment, partial blindness, and orthopedic limitations — Held, functional disability for calculating loss of earning capacity should be assessed at 100% given the claimant’s managerial role and the profound impact of injuries on his cognitive and functional abilities — Compensation recalculated accordingly, enhancing the award from Rs — 35,61,000/- to Rs — 97,73,011/-.

Mar 21, 2026 sclaw
Gratuity — Withholding of gratuity due to non-vacation of company-allotted accommodation — SAIL Gratuity Rules, 1978, Rule 3.2.1(c) expressly empowers management to withhold gratuity for non-compliance with company rules, including non-vacation of accommodation — No interest payable on gratuity withheld for period of unauthorized occupation — Management is entitled to adjust penal rent accrued for retention beyond permissible period from gratuity amount — Order of March 31, 2017 in Ram Naresh Singh’s case was a concession based on specific facts and not binding precedent, unlike the order of December 15, 2020 in S.L.P — (C) No — 11025 of 2020 which clarified principles of penal rent adjustment
Service
Gratuity — Withholding of gratuity due to non-vacation of company-allotted accommodation — SAIL Gratuity Rules, 1978, Rule 3.2.1(c) expressly empowers management to withhold gratuity for non-compliance with company rules, including non-vacation of accommodation — No interest payable on gratuity withheld for period of unauthorized occupation — Management is entitled to adjust penal rent accrued for retention beyond permissible period from gratuity amount — Order of March 31, 2017 in Ram Naresh Singh’s case was a concession based on specific facts and not binding precedent, unlike the order of December 15, 2020 in S.L.P — (C) No — 11025 of 2020 which clarified principles of penal rent adjustment
Motor Vehicles Act, 1988 — Section 166 — Motor Accidents Claims Tribunal (MACT) — Assessment of compensation — Functional disability vs — Physical disability — High Court reduced functional disability from 63% assessed by Medical Board to 30% without providing cogent reasons, constituting an erroneous appreciation of evidence and misapplication of legal principles — Such reduction, without convincing evidence impeaching medical certificates and without assigning adequate reasons, was unjustified — Supreme Court, to do complete justice and avoid further delay, examined functional disability on merits, considering medical and neuropsychological reports indicating severe cognitive impairment, partial blindness, and orthopedic limitations — Held, functional disability for calculating loss of earning capacity should be assessed at 100% given the claimant’s managerial role and the profound impact of injuries on his cognitive and functional abilities — Compensation recalculated accordingly, enhancing the award from Rs — 35,61,000/- to Rs — 97,73,011/-.
Accident
Motor Vehicles Act, 1988 — Section 166 — Motor Accidents Claims Tribunal (MACT) — Assessment of compensation — Functional disability vs — Physical disability — High Court reduced functional disability from 63% assessed by Medical Board to 30% without providing cogent reasons, constituting an erroneous appreciation of evidence and misapplication of legal principles — Such reduction, without convincing evidence impeaching medical certificates and without assigning adequate reasons, was unjustified — Supreme Court, to do complete justice and avoid further delay, examined functional disability on merits, considering medical and neuropsychological reports indicating severe cognitive impairment, partial blindness, and orthopedic limitations — Held, functional disability for calculating loss of earning capacity should be assessed at 100% given the claimant’s managerial role and the profound impact of injuries on his cognitive and functional abilities — Compensation recalculated accordingly, enhancing the award from Rs — 35,61,000/- to Rs — 97,73,011/-.
Criminal Procedure Code, 1973 (CrPC) — Sections 221 and 222 — Conviction for offence not charged — High Court rightly reversed the conviction under Section 364 of IPC when the charge was for Section 302 of IPC, as Section 364 is not a minor or cognate offence to Section 302, making conviction without specific charge or notice prejudicial to fair trial
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Sections 221 and 222 — Conviction for offence not charged — High Court rightly reversed the conviction under Section 364 of IPC when the charge was for Section 302 of IPC, as Section 364 is not a minor or cognate offence to Section 302, making conviction without specific charge or notice prejudicial to fair trial
Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of “consumer” — Commercial purpose — Deposit of surplus funds by a company in a bank for earning interest does not automatically make it a commercial purpose, but if the deposit is made to leverage credit facilities for augmenting business, it would have a direct nexus with revenue generation/profits — The identity of the purchaser or the value of the transaction is not conclusive, but the dominant intention or purpose behind the transaction is determining.
Consumer
Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of “consumer” — Commercial purpose — Deposit of surplus funds by a company in a bank for earning interest does not automatically make it a commercial purpose, but if the deposit is made to leverage credit facilities for augmenting business, it would have a direct nexus with revenue generation/profits — The identity of the purchaser or the value of the transaction is not conclusive, but the dominant intention or purpose behind the transaction is determining.
Labour Cases

[Employee’s Compensation Act] Relevant Date For The Determination Of Compensation Payable Is The Date Of The Accident: SC HELD ….benefit of 2009 amendment of the Act which had deleted the provision that capped the monthly wages of an employee at Rs 4,000 does not apply to accidents that took place prior to its coming into force……. Award not interfered.

Feb 13, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K. SIVARAMAN AND OTHERS — Appellant Vs. P. SATHISHKUMAR AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Ajay Rastogi, JJ.…

Constitution

Swatantrata Sainik Samman Pension Scheme, 1980 – Section 7 – Rejection of the claim for pension – Participants of Goa Liberation Movement, Phase-II, the SSSP scheme was extended with the conditions that only those applicants shall be eligible to receive the benefits of the scheme who are in receipt of State Pension on 01.08.2002 HELD judgement Mukund Lal Bhandari and Others vs. Union of India and Others, (1993) supp. 3 SCC 2 not applicable

Feb 12, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF INDIA AND OTHERS — Appellant Vs. SITAKANT S. DUBHASHI AND ANOTHER — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ.…

Consumer

-Consumer Protection Act, 1986 – Section 23 – Appeal – Breach of condition of Policy — HELD Fidelity Guarantee is different from contingency guarantee – The insurance under it, is for honesty, against negligence or for being faithful and loyal to its employees – The protection afforded is different than in normal insurance policies – Precisely, it is a contract whereby, for a consideration, one agrees to indemnify another, against loss, arising from the breach of honesty, integrity or fidelity of an employee or other person holding a position of trust”

Feb 12, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ORIENTAL INSURANCE COMPANY LIMITED — Appellant Vs. NATIONAL BULK HANDLING CORPORATION PRIVATE LIMITED — Respondent ( Before : Mohan M. Shantanagoudar and R. Subhash…

C P C

The expression ‘appeal’ has not been defined in the CPC. Black’s Law Dictionary (7th Edn.) defines an appeal as “a proceeding undertaken to have a decision reconsidered by bringing it to a higher authority.” It is a judicial examination of the decision by a higher court of the decision of a subordinate court

Feb 12, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MALLURU MALLAPPA(D) THR. LRS. — Appellant Vs. KURUVATHAPPA AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna, JJ. ) Civil…

Cr P C

“The conclusion of the High Court to quash the criminal proceedings is on the basis of its assessment of the statements recorded under Section 161 CrPC. Statements of witnesses recorded under Section 161 CrPC being wholly inadmissible in evidence cannot be taken into consideration by the Court”

Feb 12, 2020 sclaw

Section 482 CrPC] HC Cannot Quash Criminal Proceedings On The Basis Of Its Assessment Of 161 Statements: SC [Read Judgment] Sanya Talwar 11 Feb 2020 7:37 PM “The conclusion of…

Juvenile Justice

A Child In Conflict With Law Cannot Be Kept In Jail Or Police Lockup At Any Circumstances: SC HELD “We make it clear that the Juvenile Justice Boards are not meant to be silent spectators and pass orders only when a matter comes before them. They can take note of the factual situation if it comes to the knowledge of the JJBs

Feb 12, 2020 sclaw

A Child In Conflict With Law Cannot Be Kept In Jail Or Police Lockup At Any Circumstances: SC [Read Order] Akshita Saxena 12 Feb 2020 5:13 PM “We make it…

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Service

Gratuity — Withholding of gratuity due to non-vacation of company-allotted accommodation — SAIL Gratuity Rules, 1978, Rule 3.2.1(c) expressly empowers management to withhold gratuity for non-compliance with company rules, including non-vacation of accommodation — No interest payable on gratuity withheld for period of unauthorized occupation — Management is entitled to adjust penal rent accrued for retention beyond permissible period from gratuity amount — Order of March 31, 2017 in Ram Naresh Singh’s case was a concession based on specific facts and not binding precedent, unlike the order of December 15, 2020 in S.L.P — (C) No — 11025 of 2020 which clarified principles of penal rent adjustment

Mar 21, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 166 — Motor Accidents Claims Tribunal (MACT) — Assessment of compensation — Functional disability vs — Physical disability — High Court reduced functional disability from 63% assessed by Medical Board to 30% without providing cogent reasons, constituting an erroneous appreciation of evidence and misapplication of legal principles — Such reduction, without convincing evidence impeaching medical certificates and without assigning adequate reasons, was unjustified — Supreme Court, to do complete justice and avoid further delay, examined functional disability on merits, considering medical and neuropsychological reports indicating severe cognitive impairment, partial blindness, and orthopedic limitations — Held, functional disability for calculating loss of earning capacity should be assessed at 100% given the claimant’s managerial role and the profound impact of injuries on his cognitive and functional abilities — Compensation recalculated accordingly, enhancing the award from Rs — 35,61,000/- to Rs — 97,73,011/-.

Mar 21, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 221 and 222 — Conviction for offence not charged — High Court rightly reversed the conviction under Section 364 of IPC when the charge was for Section 302 of IPC, as Section 364 is not a minor or cognate offence to Section 302, making conviction without specific charge or notice prejudicial to fair trial

Mar 21, 2026 sclaw
Consumer

Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of “consumer” — Commercial purpose — Deposit of surplus funds by a company in a bank for earning interest does not automatically make it a commercial purpose, but if the deposit is made to leverage credit facilities for augmenting business, it would have a direct nexus with revenue generation/profits — The identity of the purchaser or the value of the transaction is not conclusive, but the dominant intention or purpose behind the transaction is determining.

Mar 21, 2026 sclaw