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.
Service Matters
Service

Armed Forces Tribunal Act, 2007 – Section 34 – Transfer of pending cases – Whether an appeal against an order of a single judge of a High Court deciding a case related to an Armed Forces personnel pending before the High Court is required to be transferred to the Armed Forces Tribunal or should be heard by the High Court – Held, NO TRANSFER

Jan 9, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BALKRISHNA RAM — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Deepak Gupta And Aniruddha Bose, JJ. ) Civil Appeal…

Juvenile Justice

Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 2(33) – Penal Code, 1860 (IPC) – Section 304 – Juvenile Justice (Care and Protection of Children) Act, 2000 – Sections 2(k), 2(l), and 15 – Juvenile Justice Act, 1986 – Section 2(h) – Offences Prescribing Max Sentence Of More Than 7 Years But Not Providing Minimum Sentence Are Not ‘Heinous Offences’, But ‘Serious Offences’

Jan 9, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH SHILPA MITTAL — Appellant Vs. STATE OF NCT OF DELHI AND ANOTHER — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ.…

Will & Succession

Hindu Minority and Guardianship Act, 1956 – Natural Guardians – Section 6 and 8 – A Karta is the manager of the joint family property – He is not the guardian of the minor members of the joint family – What Section 6 of the Act provides is that the natural guardian of a minor Hindu shall be his guardian for all intents and purposes except so far as the undivided interest of the minor in the joint family property is concerned HELD In such an eventuality it would be the mother alone who would be the natural guardian and, therefore, the document executed by her cannot be said to be a void document

Jan 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M. ARUMUGAM — Appellant Vs. AMMANIAMMAL AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Deepak Gupta, JJ. ) Civil Appeal No.…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 17 – Interim measures ordered by arbitral tribunal – Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 – Section 3 – Works contract – Whether the Gujarat Public Works Contract Disputes Arbitration Tribunal constituted under Section 3 of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 has jurisdiction to make interim orders in terms of Section 17 of the Arbitration and Conciliation Act, 1996 – Held, YES

Jan 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF GUJARAT THROUGH CHIEF SECRETARY AND ANOTHER — Appellant Vs. AMBER BUILDERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ.…

Service Matters
Service

Canara Bank Officers and Employees (Discipline and Appeal) Regulations, 1976 – Regulation 4(h) – Discipline and Appeal Regulations, 1976 – Regulations 5 and 5(3) – Misconduct – Order of punishment – It is clear from the Regulation 5(3) that the Disciplinary Authority or any other authority higher than it, may impose any penalties specified in Regulation 4 on any officer employee

Jan 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CANARA BANK AND OTHERS — Appellant Vs. KAMESHWAR SINGH — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna, JJ. ) Civil Appeal…

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…

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