Supreme Court of India Judgements

January 20, 2025 2:10 am

Top Tags

Latest Post

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18 A decree for restitution of conjugal rights does not automatically disqualify a wife from receiving maintenance under Section 125 of the Cr.P.C., and the court must assess whether the wife had sufficient reason to refuse to live with her husband despite the decree

C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Jan 19, 2025 sclaw

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Jan 19, 2025 sclaw

C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Jan 19, 2025 sclaw

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Jan 19, 2025 sclaw

Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Jan 17, 2025 sclaw

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Jan 12, 2025 sclaw

Maintenance

A decree for restitution of conjugal rights does not automatically disqualify a wife from receiving maintenance under Section 125 of the Cr.P.C., and the court must assess whether the wife had sufficient reason to refuse to live with her husband despite the decree

Jan 12, 2025 sclaw

C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Service

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross misconduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

Consumer

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

Acquittal

(IPC) – Section 409 – Criminal breach of trust by public servant, or by banker, merchant or agent -‘criminal breach of trust’ is defined under Section 405 IPC which provides, inter alia, that whoever being in any manner entrusted with property or with any dominion over a property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property contrary to law, or in violation of any law prescribing the mode in which such trust is to be discharged, or contravenes any legal contract, express or implied, etc. shall be held to have committed criminal breach of trust

Service

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Contempt

Contempt of Courts Act, 1971 – Section 2 – Right to criticise judgment of Court – Cannot be exercised with malice – Attempting to impair administration of justice in view of importance of resettlement and rehabilitation of PAF

Jul 27, 2017 sclaw

AIR 1999 SC 3345 : (1999) 8 JT 354 : (1999) 6 SCALE 574 : (1999) 8 SCC 308 : (1999) 4 SCR 5 Supp : (2000) 1 UJ…

Evidence Act

Evidence Act, 1872 – Section 9 – Test identification parade – Non-conducting of – One of accused earlier known to witnesses – Arrest of other accused made at his instance – In facts and circumstances, non-conducting of test identification parade cannot be said to be fatal.

Jul 27, 2017 sclaw

AIR 2004 SC 1253 : (2004) CriLJ 936 : (2004) 5 JT 484 : (2003) 10 SCALE 73 : (2004) 3 SCC 116 : (2003) 6 SCR 619 Supp…

Service

Constitution of India, 1950 – Article – 14, 16, 142 – Banaras Hindu University Act, 1915 – Section – 5(7) – Appointment of teachers in the University and the colleges – Possession of requisite educational qualification is mandatory.

Jul 27, 2017 sclaw

(2007) 6 JT 127 : (2007) 3 SCALE 517 : (2007) 4 SCC 54 : (2007) 2 SCC(L&S) 19 : (2007) 3 SCR 95 : (2007) 3 SLJ 420…

Service

Charge of misconduct – Charge-sheet was given and petitioner was removed from service on December 8, 1989 alter it was found that he was guilty of the charge. The order of removal was confirmed on appeal.

Jul 27, 2017 sclaw

(1997) 2 LLJ 920 : (1997) 2 SCC 251 : (1997) SCC(L&S) 744 : (1996) 5 SCR 536 Supp SUPREME COURT OF INDIA SHYAM BAHADUR TRIPATHI — Appellant Vs.…

I P C

Forgery—Reduction in sentence as substantive sentence for other certain offences were reduced.

Jul 26, 2017 sclaw

2007(5) LH (SC) 3499 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Writ Petition (crl.) 1303 of 2007)…

Service

Appointment /Selection – Select List – Names of the persons on the select list would not give them a legal right to be appointed unless the action on the part of State is found to be unfair, unreasonable or malafide.

Jul 26, 2017 sclaw

2007(5) LH (SC) 3491 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 1062 of 2005…

I P C

Murder—Culpable homicide not amounting to murder—Application of provisions—Difference explained. Relation witness–Relationship is not a factor to affect credibility of a witness. Murder–Single blow–Not a rule of universal application that whenever one blow is given Section 302 IPC is ruled out.

Jul 26, 2017 sclaw

2007(5) LH (SC) 3484 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 1304 of…

Cr P C

Additional accused–Summoning of–Trial court can add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the charge-sheet or the case diary. Additional accused–Summoning of–Power under Section 319 of the Code can be exercised by the Court suo motu or on an application by someone including accused already before it. Additional accused–Summoning of–It will be presumed that newly added person had been an accused person when the Court took cognizance of the offence.

Jul 26, 2017 sclaw

2007(5) LH (SC) 3476 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 1305 of 2007…

Land Acquisition

Acquisition of Land–In the case of acquisition of land for a private company, existence of a public purpose being not a requisite criteria, other statutory requirements call for strict compliance, being imperative in character. Agricultural Land–Not to be acquired.

Jul 23, 2017 sclaw

2007(5) LH (SC) 3459 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4843 of…

Accident

Accident–No liability of insurance company to identify the owner of vehicle in respect of death of passengers travelling in goods carriage. Accident–Gratuitous Passenger–Travelling with the goods itself does not entitle anyone to protection under Section 147 of the Motor Vehicles Act.

Jul 23, 2017 sclaw

2007(5) LH (SC) 3451 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4845-4847 of…

You missed

C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Jan 19, 2025 sclaw

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Jan 19, 2025 sclaw

Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Jan 17, 2025 sclaw

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Jan 12, 2025 sclaw