Supreme Court of India Judgements

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Constitution of India, 1950 — Article 19(1)(d), Article 21 — Fundamental Right to Walk — The right to walk is a fundamental right integral to the right to movement under Article 19(1)(d), read with other provisions of Article 19 and Article 21 — This fundamental right includes the right to demarcated footpaths, which must take precedence over the movement of motorised vehicles Civil Procedure Code, 1908 (CPC) — Order 21 — Execution proceedings — High Court’s directions for assessment of compensation in execution proceedings — Held, impermissible when original suit did not seek compensation and parties did not consent — Setting aside of trial court and first appellate court decrees, followed by direction to execute court to assess value of construction, is not supported by CPC Delhi Municipal Corporation Act, 1957 — Section 59(d), 92 and 95(1) — Delhi Municipal Corporation Service (Control and Appeal) Regulations, 1959 — Regn. 7, Schedule — Disciplinary Authority — Competency of Commissioner to dismiss Group ‘A’ Officer — Substitution of Section 59(d) by Delhi Municipal Corporation (Amendment) Act, 1993, w.e.f. 01.10.1993 — Legislative Intent — Post-1993 amendment, the Commissioner is put in complete control both as the appointing authority and the disciplinary authority — Phrase “subject to any regulation that may be made in this behalf” used in Section 59(d) refers to regulations that may be made in future and not the existing 1959 Regulations — Commissioner held fully competent to pass dismissal orders against Group ‘A’ officers despite old regulations naming the ‘Corporation’ as the disciplinary authority. Constitution of India, 1950 — Art. 16 and 226 — Public Employment — Direct Recruitment — Eligibility Criteria — Workshop Experience — Pendency of workshop renewal applications — Effect on candidates — Where a recruitment notification mandates a minimum of one year of experience in a Government-approved workshop, candidates cannot be prejudiced or disqualified merely because the workshop’s application for renewal of approval was pending with the State authorities during the period they gained experience — Depriving an otherwise eligible candidate of employment due to an administrative “period of eclipse” or delay on the part of state machinery is arbitrary and discriminatory–Ashok Kumar Yadav v. State of Haryana, 1985 INSC 137, relied on; State of Uttar Pradesh v. Atul Kumar Dwivedi, 2022 INSC 24, Distinguished. Right to Information Act, 2005 — S. 24(4) — Madhya Pradesh Special Police Establishment Act, 1947 — S. 2(1), S. 3 — “Intelligence and Security Organisation” — Scope and Applicability of Exemption — Jurisdiction of Special Police Establishment (SPE) — The expression “intelligence and security organisations” under Section 24 of the RTI Act implies that the concerned entity must be statutory or institutionally empowered to handle matters of intelligence and national/state security — The Special Police Establishment (SPE) of Madhya Pradesh, established under Section 2(1) of the Act of 1947, is clothed with a limited jurisdiction restricted strictly to investigating offences punishable under the Prevention of Corruption Act, 1988, and select economic/fraud offenses under Sections 409, 420, and Chapter XVIII of the Indian Penal Code — Because neither the Lokayukt nor the SPE handles matters connected to general ‘intelligence’ and ‘security’, the SPE cannot be deemed an “intelligence and security organisation” under Section 24(4) of the RTI Act — Principle of institutional parity cannot be invoked to grant blanket exemptions to a anti-corruption investigation agency.
Constitution of India, 1950 — Article 19(1)(d), Article 21 — Fundamental Right to Walk — The right to walk is a fundamental right integral to the right to movement under Article 19(1)(d), read with other provisions of Article 19 and Article 21 — This fundamental right includes the right to demarcated footpaths, which must take precedence over the movement of motorised vehicles
Constitution
Constitution of India, 1950 — Article 19(1)(d), Article 21 — Fundamental Right to Walk — The right to walk is a fundamental right integral to the right to movement under Article 19(1)(d), read with other provisions of Article 19 and Article 21 — This fundamental right includes the right to demarcated footpaths, which must take precedence over the movement of motorised vehicles
Civil Procedure Code, 1908 (CPC) — Order 21 — Execution proceedings — High Court’s directions for assessment of compensation in execution proceedings — Held, impermissible when original suit did not seek compensation and parties did not consent — Setting aside of trial court and first appellate court decrees, followed by direction to execute court to assess value of construction, is not supported by CPC
C P C
Civil Procedure Code, 1908 (CPC) — Order 21 — Execution proceedings — High Court’s directions for assessment of compensation in execution proceedings — Held, impermissible when original suit did not seek compensation and parties did not consent — Setting aside of trial court and first appellate court decrees, followed by direction to execute court to assess value of construction, is not supported by CPC
Delhi Municipal Corporation Act, 1957 — Section 59(d), 92 and 95(1) — Delhi Municipal Corporation Service (Control and Appeal) Regulations, 1959 — Regn. 7, Schedule — Disciplinary Authority — Competency of Commissioner to dismiss Group ‘A’ Officer — Substitution of Section 59(d) by Delhi Municipal Corporation (Amendment) Act, 1993, w.e.f. 01.10.1993 — Legislative Intent — Post-1993 amendment, the Commissioner is put in complete control both as the appointing authority and the disciplinary authority — Phrase “subject to any regulation that may be made in this behalf” used in Section 59(d) refers to regulations that may be made in future and not the existing 1959 Regulations — Commissioner held fully competent to pass dismissal orders against Group ‘A’ officers despite old regulations naming the ‘Corporation’ as the disciplinary authority.
Service
Delhi Municipal Corporation Act, 1957 — Section 59(d), 92 and 95(1) — Delhi Municipal Corporation Service (Control and Appeal) Regulations, 1959 — Regn. 7, Schedule — Disciplinary Authority — Competency of Commissioner to dismiss Group ‘A’ Officer — Substitution of Section 59(d) by Delhi Municipal Corporation (Amendment) Act, 1993, w.e.f. 01.10.1993 — Legislative Intent — Post-1993 amendment, the Commissioner is put in complete control both as the appointing authority and the disciplinary authority — Phrase “subject to any regulation that may be made in this behalf” used in Section 59(d) refers to regulations that may be made in future and not the existing 1959 Regulations — Commissioner held fully competent to pass dismissal orders against Group ‘A’ officers despite old regulations naming the ‘Corporation’ as the disciplinary authority.
Constitution of India, 1950 — Art. 16 and 226 — Public Employment — Direct Recruitment — Eligibility Criteria — Workshop Experience — Pendency of workshop renewal applications — Effect on candidates — Where a recruitment notification mandates a minimum of one year of experience in a Government-approved workshop, candidates cannot be prejudiced or disqualified merely because the workshop’s application for renewal of approval was pending with the State authorities during the period they gained experience — Depriving an otherwise eligible candidate of employment due to an administrative “period of eclipse” or delay on the part of state machinery is arbitrary and discriminatory–Ashok Kumar Yadav v. State of Haryana, 1985 INSC 137, relied on; State of Uttar Pradesh v. Atul Kumar Dwivedi, 2022 INSC 24, Distinguished.
Service
Constitution of India, 1950 — Art. 16 and 226 — Public Employment — Direct Recruitment — Eligibility Criteria — Workshop Experience — Pendency of workshop renewal applications — Effect on candidates — Where a recruitment notification mandates a minimum of one year of experience in a Government-approved workshop, candidates cannot be prejudiced or disqualified merely because the workshop’s application for renewal of approval was pending with the State authorities during the period they gained experience — Depriving an otherwise eligible candidate of employment due to an administrative “period of eclipse” or delay on the part of state machinery is arbitrary and discriminatory–Ashok Kumar Yadav v. State of Haryana, 1985 INSC 137, relied on; State of Uttar Pradesh v. Atul Kumar Dwivedi, 2022 INSC 24, Distinguished.
Dowry Death

Trial court, committed a patent error in discarding the dying declaration and the other material evidence, discussed hereinabove. Therefore, the interference by the High Court in the appeal against the acquittal of the appellant and recording the finding of his conviction for the offence under Section 302 of the IPC, on consideration of the evidence, is justified.

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VIJAY MOHAN SINGH — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : L. Nageswara Rao and M.R. Shah, JJ. ) Criminal Appeal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 386 – Power of the Appellate Court – Section 386 then enumerates powers of the Appellate Court which inter alia includes the power to “reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial”. The powers of Appellate Court are equally wide. The High Court in the present case was exercising powers both under Chapters XXVIII and XXIX of the Code. If the power can go to the extent of ordering a complete re-trial, the exercise of power to a lesser extent namely ordering de novo examination of twelve witnesses with further directions as the High Court has imposed in the present matter, was certainly within the powers of the High Court. There is, thus, no infraction or jurisdictional error on the part of the High Court.

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ATMA RAM AND OTHER — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : Uday Umesh Lalit and Indu Malhotra, JJ. ) Criminal…

Constitution

Dabhol Power Corporation Limited case—— HELD In view of the long delay and in view of the fact that due to non-availability of many persons involved, no useful purpose would be served in continuing with the judicial commission of inquiry, we close the petition in the peculiar facts and circumstances of the case.

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH CENTER OF INDIAN TRADE UNIONS, A FEDERATION OF REGISTERED TRADE UNIONS — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : Ranjan Gogoi,…

Constitution

Film Bhobishyoter Bhoot.-Constitution of India, 1950 – Articles 14,19(1)(a), 19(1)(g) and 21 – Police are not in a free society the self-appointed guardians of public morality. The uniformed authority of their force is subject to the rule of law.– When the ability to portray art in any form is subject to extra constitutional authority, there is a grave danger that fundamental human freedoms will be imperiled by a cloud of opacity and arbitrary state behaviour.

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH INDIBILITY CREATIVE PVT LTD AND OTHERS — Appellant Vs. GOVT OF WEST BENGAL AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud…

C P C

Civil Procedure Code, 1908 (CPC) – Section 11 – Res judicata contained in Section 11 of the Code, which has also application to the labour/industrial proceedings – State had no jurisdiction to make a reference(s) to the Labour Court under Section 10 of the ID Act to re-examine the question of age reduction made by the appellant(PSU). A fortiori, the Labour Court had no jurisdiction to entertain the reference(s) to adjudicate the question(s) referred in the reference(s).

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHAIRMAN AND MANAGING DIRECTOR, THE FERTILIZERS AND CHEMICALS TRANVANCORE LTD. AND ANOTHER — Appellant Vs. GENERAL SECRETARY FACT EMPLOYEES ASSOCIATION AND OTHERS — Respondent…

Rent

U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Sections 21(1)(a) and 21(1)(b) – Eviction–“Nagar Palika, Almora in the year 1996/1997 stating that the building was in a dilapidated condition and therefore the same is required to be demolished and still even after period of approximately 24 years, the building stands and as the tenants are ready and willing to get the building in question repaired at their own cost and the same is not to be deducted from the rent, This Court is of the opinion that one opportunity is required to be given to the tenants to get the building repaired “

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM PRAKASH AND ANOTHER — Appellant PUTTAN LAL AND OTHERS — Respondent ( Before : L. Nageswara Rao and M.R. Shah, JJ. ) Civil…

Constitution

Police Act, 1861 – Sections 3 and 4 – Indian High Courts Act, 1861 – Sections 9 and 10 – Government of India Act, 1915 – Section 106 – Government of India Act, 1935 – Section 223 – Criminal Procedure Code, 1973 (CrPC) – Sections 154 and 482 – Constitution of India, 1950 – Articles 136, 142 and 226 –Whether the High Court, in exercise of jurisdiction under Article 226 of the Constitution of India can appoint a police officer after his superannuation to head a Special Investigation Team (S.I.T.) to carry out investigations and other functions, which can be exercised by a police officer under the Code of Criminal Procedure- This Court conclude that the High Court in exercise of jurisdiction under Article 226 can very well direct respondent No.2 to head the Special Investigation Team to carry out investigation and other functions after attaining the age of superannuation.

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF TAMIL NADU AND OTHERS — Appellant Vs. ELEPHANT G. RAJENDRAN AND OTHERS ETC — Respondent ( Before : Ashok Bhushan and…

Property Matters

Displaced Persons (Compensation and Rehabilitation) Act, 1954 – Sections 22 and 24 – Entitlement of the land–we are of the opinion that if the appellants are directed to pay some more reasonable amount considering the fact that number of years have passed and even the price of the land has also increased, it would meet the ends of justice. At the same time, to direct the appellants to pay the present market value/market price would also be unreasonable. Therefore, taking into over all facts and circumstances of the case, we are of the opinion that if the appellants are directed to pay Rs. 3,66,30,000/- towards the cost of the land and Rs. 20,00,000/- towards the cost of construction of the existing building, it will meet the ends of justice–we are of the opinion that if the appellants are directed to pay some more reasonable amount considering the fact that number of years have passed and even the price of the land has also increased, it would meet the ends of justice. At the same time, to direct the appellants to pay the present market value/market price would also be unreasonable. Therefore, taking into over all facts and circumstances of the case, we are of the opinion that if the appellants are directed to pay Rs. 3,66,30,000/- towards the cost of the land and Rs. 20,00,000/- towards the cost of construction of the existing building, it will meet the ends of justice

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GURDEV SINGH AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and M.R. Shah, JJ.…

Service Matters
Service

In the facts and circumstances of the case and after having been satisfied that the original writ petitioner was fulfilling all the eligibility criteria including one year’s experience of translation from English to Hindi and vice-versa and having found that the original writ petitioner ranked 6th in the merit list and therefore otherwise found to be meritorious, the Division Bench of the High Court has rightly set aside the action of the FCI in rejecting the case of the original writ petitioner–This Court specifically observed and held that “what is essential is the possession of a diploma before the given date; what is ancillary is the safe mode of proof of the qualification”

Apr 11, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FOOD CORPORATION OF INDIA — Appellant Vs. RIMJHIM — Respondent ( Before : L. Nageswara Rao and M.R Shah, JJ. ) Civil Appeal No.…

You missed

Constitution

Constitution of India, 1950 — Article 19(1)(d), Article 21 — Fundamental Right to Walk — The right to walk is a fundamental right integral to the right to movement under Article 19(1)(d), read with other provisions of Article 19 and Article 21 — This fundamental right includes the right to demarcated footpaths, which must take precedence over the movement of motorised vehicles

Jun 23, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Order 21 — Execution proceedings — High Court’s directions for assessment of compensation in execution proceedings — Held, impermissible when original suit did not seek compensation and parties did not consent — Setting aside of trial court and first appellate court decrees, followed by direction to execute court to assess value of construction, is not supported by CPC

Jun 23, 2026 sclaw
Service

Delhi Municipal Corporation Act, 1957 — Section 59(d), 92 and 95(1) — Delhi Municipal Corporation Service (Control and Appeal) Regulations, 1959 — Regn. 7, Schedule — Disciplinary Authority — Competency of Commissioner to dismiss Group ‘A’ Officer — Substitution of Section 59(d) by Delhi Municipal Corporation (Amendment) Act, 1993, w.e.f. 01.10.1993 — Legislative Intent — Post-1993 amendment, the Commissioner is put in complete control both as the appointing authority and the disciplinary authority — Phrase “subject to any regulation that may be made in this behalf” used in Section 59(d) refers to regulations that may be made in future and not the existing 1959 Regulations — Commissioner held fully competent to pass dismissal orders against Group ‘A’ officers despite old regulations naming the ‘Corporation’ as the disciplinary authority.

Jun 18, 2026 sclaw
Service

Constitution of India, 1950 — Art. 16 and 226 — Public Employment — Direct Recruitment — Eligibility Criteria — Workshop Experience — Pendency of workshop renewal applications — Effect on candidates — Where a recruitment notification mandates a minimum of one year of experience in a Government-approved workshop, candidates cannot be prejudiced or disqualified merely because the workshop’s application for renewal of approval was pending with the State authorities during the period they gained experience — Depriving an otherwise eligible candidate of employment due to an administrative “period of eclipse” or delay on the part of state machinery is arbitrary and discriminatory–Ashok Kumar Yadav v. State of Haryana, 1985 INSC 137, relied on; State of Uttar Pradesh v. Atul Kumar Dwivedi, 2022 INSC 24, Distinguished.

Jun 16, 2026 sclaw