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.
Cr P C

Murder–Suspension of sentence–Bail during pendency of appeal–Accused charged for mercilessly assaulting deceased–High Court granted bail during pendency of appeal–Held; Appellate court is duty-bound to objectively assess the matter and to record reasons for the conclusion that the case warrants suspension of execution of sentence and grant of bail

Feb 17, 2019 sclaw

  2009(1) LAW HERALD (SC) 440 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice  Asok Kuamr Ganguly Criminal Appeal No. 141…

Will & Succession

Will–Will is required to be attested and therefore, it cannot be used as evidence until at least one of attesting witness is called for the purpose of providing its executions provided such attesting witness is alive and subject to the process of Court and capable of giving evidence. Pleading–Non filing of Replication–Mere non filing of a replication does not and could not mean that there has been admission of facts pleaded in written statement.

Feb 17, 2019 sclaw

2009(1) LAW HERALD (SC) 434 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 7082 of…

Evidence Act

Evidence Law–May presume and shall presume–Difference between–In the former case the Court has an option to raise the presumption or not, but in the latter case, the Court must necessarily raise the presumption–If in a case the Court has an option to raise the presumption and raises the presumption, the distinction between the two categories of presumptions ceases and the fact is presumed, unless and until it is disproved–Evidence Act, 1872, Section 4.     

Feb 17, 2019 sclaw

2009(1) LAW HERALD (SC) 428 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal No. 2045 of 2008…

Corporate

Infringement of Trademark-Passing of-Division Bench of High Court held that substitution of letter ‘T’ for letter ‘O’ would create confusion on the ground of deceptive similarity—Reputation of plaintiffs Trademark has been established and there is likelihood of its damage—Findings of Division bench upheld

Feb 17, 2019 sclaw

2018(4) Law Herald (SC) 3198 : 2018 LawHerald.Org 1929 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.F. Nariman Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No. 9844…

C P C

Remand of Case—After allowing the application for additional evidence in appeal High Court not justified in remanding the case to trial court for recording of the evidence—It can be done by competently by first Appellate Court Additional evidence of appellate stage—Allowing of application does not mean that document are to be directly exhibited as record on file—Such documents are required to be proved as per law before being considered

Feb 17, 2019 sclaw

2018(4) Law Herald (SC) 3186 : 2018 LawHerald.Org 1927 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…

Rent

High Court gave finding that the Rent Appellate Tribunal allowed the appellant’s (landlady’s) appeal with a casual approach and failed to record any categorical finding on the plea of bona fide need—However, High Court neither remanded the case nor decided the appeal on merits—This approach of the High Court caused prejudice to the appellant (landlady) because there was no factual finding recorded either by the first appellate Court or the High Court on the question of bona fide need—Matter remanded back to Rent Appellate Tribunal

Feb 16, 2019 sclaw

2018(4) Law Herald (SC) 3230 : 2018 LawHerald.org 1797 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

Cr P C

Quashing—Remand of Case—High Court dismissed the petition for quashing without referring to facts of the case with a view to appreciate factual controversy and to appreciates why such grounds are not made out under S.482 Cr.P.C-Matter remanded hack to High Court to be decided afresh—Impugned order set aside

Feb 16, 2019 sclaw

2018(4) Law Herald (SC) 3228 : 2018 LawHerald.Org 1934 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Indu Malhotra Criminal Appeal No.…

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