Supreme Court of India Judgements

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Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports Arbitration and Conciliation Act, 1996 — Section 29A — Mandate of Arbitrator — Extension of mandate — In the absence of specific statutory provisions, party autonomy and minimal judicial intervention are guiding principles — If a party participates in proceedings and does not object to the extension of mandate, they may be estopped from challenging the award on that ground after it is passed. Arbitration and Conciliation Act, 1996 (the Act) — Section 33 and Section 34(3) — Limitation for filing application to set aside arbitral award — Exclusion of time spent in disposal of applications under Section 33 — Court held that period spent in disposal of Section 33 applications by Arbitral Tribunal must be excluded for computing limitation under Section 34(3) of the Act, regardless of whether the Section 33 applications were ultimately allowed or dismissed. Constitution of India, 1950 — Article 14, 15(1), 16, 39(a) & 39(c) — Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (2016 Order) — Clause 2(p) — Government Order (G.O.) No — 6 of 2019 — Paragraph IV(10) — Exclusion of married daughter from definition of ‘family’ for compassionate appointment as fair price shop dealer — Held, exclusion is based on gender stereotypes and lacks rational nexus with the object of the scheme, violating Articles 14 and 15(1) of the Constitution — Marital status cannot be the sole criterion for dependency — Dependency is a question of fact. Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 37 — Grant of bail — Twin conditions under Section 37(1)(b)(ii) must be considered — High Court ignored twin conditions while granting bail in a case involving commercial quantity of narcotics — Impugned order granting bail cannot be sustained.
Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports
Service
Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports
Arbitration and Conciliation Act, 1996 — Section 29A — Mandate of Arbitrator — Extension of mandate — In the absence of specific statutory provisions, party autonomy and minimal judicial intervention are guiding principles — If a party participates in proceedings and does not object to the extension of mandate, they may be estopped from challenging the award on that ground after it is passed.
Arbitration
Arbitration and Conciliation Act, 1996 — Section 29A — Mandate of Arbitrator — Extension of mandate — In the absence of specific statutory provisions, party autonomy and minimal judicial intervention are guiding principles — If a party participates in proceedings and does not object to the extension of mandate, they may be estopped from challenging the award on that ground after it is passed.
Arbitration and Conciliation Act, 1996 (the Act) — Section 33 and Section 34(3) — Limitation for filing application to set aside arbitral award — Exclusion of time spent in disposal of applications under Section 33 — Court held that period spent in disposal of Section 33 applications by Arbitral Tribunal must be excluded for computing limitation under Section 34(3) of the Act, regardless of whether the Section 33 applications were ultimately allowed or dismissed.
Arbitration
Arbitration and Conciliation Act, 1996 (the Act) — Section 33 and Section 34(3) — Limitation for filing application to set aside arbitral award — Exclusion of time spent in disposal of applications under Section 33 — Court held that period spent in disposal of Section 33 applications by Arbitral Tribunal must be excluded for computing limitation under Section 34(3) of the Act, regardless of whether the Section 33 applications were ultimately allowed or dismissed.
Constitution of India, 1950 — Article 14, 15(1), 16, 39(a) & 39(c) — Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (2016 Order) — Clause 2(p) — Government Order (G.O.) No — 6 of 2019 — Paragraph IV(10) — Exclusion of married daughter from definition of ‘family’ for compassionate appointment as fair price shop dealer — Held, exclusion is based on gender stereotypes and lacks rational nexus with the object of the scheme, violating Articles 14 and 15(1) of the Constitution — Marital status cannot be the sole criterion for dependency — Dependency is a question of fact.
Constitution
Constitution of India, 1950 — Article 14, 15(1), 16, 39(a) & 39(c) — Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (2016 Order) — Clause 2(p) — Government Order (G.O.) No — 6 of 2019 — Paragraph IV(10) — Exclusion of married daughter from definition of ‘family’ for compassionate appointment as fair price shop dealer — Held, exclusion is based on gender stereotypes and lacks rational nexus with the object of the scheme, violating Articles 14 and 15(1) of the Constitution — Marital status cannot be the sole criterion for dependency — Dependency is a question of fact.
Corporate

IMP ::: Insolvency and Bankruptcy Code, 2016 – Sections 5(8) and 43 – Mortgage by a Corporate debtor to secure debts of third party not “Financial Debt” within meaning of Section 5(8) – Whether lenders of Jaiprakash Associates Limited could be treated as financial creditors, HELD it cannot be said that the corporate debtor owes them any ‘financial debt’ within the meaning of Section 5(8) of the Code; and hence, such lenders of Jaiprakash Associates Limited do not fall in the category of the ‘financial creditors’ of the corporate debtor Jaypee Infratech Limited – Appeals are allowed

Feb 27, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANUJ JAIN INTERIM RESOLUTION PROFESSIONAL FOR JAYPEE INFRATECH LIMITED — Appellant Vs. AXIS BANK LIMITED ETC. ETC. — Respondent ( Before : A.M. Khanwilkar…

Cr P C

Criminal Procedure Code, 1973 (CrPC) Section 340 read with 195 – Penal Code, 1860 (IPC) – Sections 420, 467, 468 and 471 – Production of forged documents before the Revenue Court – Larger bench to consider (i) Whether Section 340 of the Code of Criminal Procedure, 1973 mandates a preliminary inquiry and an opportunity of hearing to the would-be accused before a complaint is made under Section 195 of the Code by a Court? (ii) What is the scope and ambit of such preliminary inquiry?

Feb 27, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF PUNJAB — Appellant Vs. JASBIR SINGH — Respondent ( Before : Ashok Bhushan and Mohan M. Shantanagoudar, JJ. ) Criminal Appeal…

State Laws

Bihar and Orissa Public Demands Recovery Act, 1914 – Section 28 – Deposit of amount – Word “deposit” used in the Section, is to be understood and mean that deposit is to be made either, before making an application, or simultaneously with the application within the prescribed time of thirty days

Feb 26, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARAYAN YADAV (D) THR.LRS. — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : L. Nageswara Rao and R. Subhash…

Service Matters
Service

Life Insurance Corporation of India (Staff) Regulations, 1960 – Regulations 39(1), 39(4)(i) and 39(4) – Penalty imposed on employee on the grounds of conduct which had led to a conviction on a criminal charge – Where the respondent was convicted of various criminal offences and subsequently, a notice to show cause was issued – HELD DB of high court was in error to hold the action on notice pending, decision of criminal appeal

Feb 26, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LIFE INSURANCE CORPORATION OF INDIA — Appellant Vs. MUKESH POONAMCHAND SHAH — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and Hemant Gupta, JJ.…

Bail Granted

Bail Applications Need To Be Disposed Of Expeditiously & Finally: SC Records ‘Displeasure’ About Long Pendency Of Bail Plea In HC HELD “We have no hesitation in observing that adopting such a course, that too, by a constitutional Court, is wholly unfathomable and must be eschewed.”

Feb 21, 2020 sclaw

Bail Applications Need To Be Disposed Of Expeditiously & Finally: SC Records ‘Displeasure’ About Long Pendency Of Bail Plea In HC [Read Order] LIVELAW NEWS NETWORK 21 Feb 2020 12:56…

State Laws

Himachal Land Revenue Act, 1954 – Sections 32, 32(2)(a), 34, 45 and 46 – Evidence Act, 1872 – Sections 35 and 109 – Presumption of truth attached to the revenue record can be rebutted if such entry was made fraudulently or surreptitiously – Presumption of truth attached to the record-of-rights can be rebutted only if there is a fraud in the entry or the entry was surreptitiously made or that prescribed procedure was not followed

Feb 20, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRI PARTAP SINGH (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. VERSUS SHIV RAM (DEAD) THROUGH LRS. — Respondent ( Before : L. Nageswara…

You missed

Service

Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports

Jun 4, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 29A — Mandate of Arbitrator — Extension of mandate — In the absence of specific statutory provisions, party autonomy and minimal judicial intervention are guiding principles — If a party participates in proceedings and does not object to the extension of mandate, they may be estopped from challenging the award on that ground after it is passed.

Jun 4, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 (the Act) — Section 33 and Section 34(3) — Limitation for filing application to set aside arbitral award — Exclusion of time spent in disposal of applications under Section 33 — Court held that period spent in disposal of Section 33 applications by Arbitral Tribunal must be excluded for computing limitation under Section 34(3) of the Act, regardless of whether the Section 33 applications were ultimately allowed or dismissed.

Jun 4, 2026 sclaw
Constitution

Constitution of India, 1950 — Article 14, 15(1), 16, 39(a) & 39(c) — Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (2016 Order) — Clause 2(p) — Government Order (G.O.) No — 6 of 2019 — Paragraph IV(10) — Exclusion of married daughter from definition of ‘family’ for compassionate appointment as fair price shop dealer — Held, exclusion is based on gender stereotypes and lacks rational nexus with the object of the scheme, violating Articles 14 and 15(1) of the Constitution — Marital status cannot be the sole criterion for dependency — Dependency is a question of fact.

Jun 4, 2026 sclaw