Supreme Court of India Judgements

January 19, 2025 5:50 pm

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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 Constitution of India, 1950 — Article 309 — Executive Orders as Recruitment Rules — The court affirms that in the absence of formal rules framed under Article 309 of the Constitution, executive orders issued by the government can serve as the governing recruitment rules — Specifically, Government Order (G.O.) dated 07th April, 2008 is recognized as the applicable executive order for the Medical Education Service. Section 4 of the Limitation Act applies to the 3-month limitation period under Section 34(3) of the Arbitration and Conciliation Act (ACA), but not to the 30-day condonable period, and Section 10 of the General Clauses Act (GCA) does not apply to Section 34(3) of the ACA.

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

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

Service

Constitution of India, 1950 — Article 309 — Executive Orders as Recruitment Rules — The court affirms that in the absence of formal rules framed under Article 309 of the Constitution, executive orders issued by the government can serve as the governing recruitment rules — Specifically, Government Order (G.O.) dated 07th April, 2008 is recognized as the applicable executive order for the Medical Education Service.

Jan 12, 2025 sclaw

Limitation

Section 4 of the Limitation Act applies to the 3-month limitation period under Section 34(3) of the Arbitration and Conciliation Act (ACA), but not to the 30-day condonable period, and Section 10 of the General Clauses Act (GCA) does not apply to Section 34(3) of the ACA.

Jan 12, 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

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

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

Service

Constitution of India, 1950 — Article 309 — Executive Orders as Recruitment Rules — The court affirms that in the absence of formal rules framed under Article 309 of the Constitution, executive orders issued by the government can serve as the governing recruitment rules — Specifically, Government Order (G.O.) dated 07th April, 2008 is recognized as the applicable executive order for the Medical Education Service.

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.

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

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

Service

Constitution of India, 1950 — Article 309 — Executive Orders as Recruitment Rules — The court affirms that in the absence of formal rules framed under Article 309 of the Constitution, executive orders issued by the government can serve as the governing recruitment rules — Specifically, Government Order (G.O.) dated 07th April, 2008 is recognized as the applicable executive order for the Medical Education Service.

I P C

Attempt to Murder—First part thereof does not contemplate that receipt of any injury on the part of the victim is a pre-requisite for convicting an accused thereunder.

Jul 13, 2017 sclaw

2007(4) LAW HERALD (SC) 3389 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1427…

Dowry Death

Dowry Death—Dowry demand—Defence version that since the accused possessed scooter as well as motorcycle, there was no necessity to make demand of scooter ; is totally irrelevant. Remarks by Judge—If that part of the evidence is not consistent with the facts on record, the Court may not accept it. But only for that reason, the Court should not make disparaging remarks.

Jul 12, 2017 sclaw

2007(4) LAW HERALD (SC) 3380 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce C.K. Thakker The Hon’ble Mr. Jusitce P. Sathasivam Criminal Appeal No. 1612 of…

C P C

Decree obtained by fraud—Such a judgment, decree or order —by the first Court or by the final Court— has to be treated as nullity by every Court. When sale to become absolute be set aside—Where a third party challenges the judgment-debtor’s title by filing a suit against the auction-purchaser, the decree holder and the judgment-debtor should be necessary parties to that suit and if the suit is decreed, the Court shall direct the decree-holder to refund the money to the auction-purchaser.

Jul 12, 2017 sclaw

2007(4) LAW HERALD (SC) 3365 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. 4727…

Dowry Death

Presumption of Dowry Death—Distinction between—Section 113A of the Act relates to offences under Sections 498-A and 306 of the Code, whereas Section 113B relates to Section 304-B thereof. Dowry demand—It was not necessary that demand of any particular item should have been made.

Jul 12, 2017 sclaw

2007(4) LAW HERALD (SC) 3359 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1088 of…

Consumer

Consumer Protection Act, 1986, S.12–lnsurance–Theft of Vehicle-Delay of 21/2 months in giving intimation of theft by insured to insurer-It amounts to breach of policy-Insured was obligated to give intimation immediately after theft came to his knowledge-Mere intimating the police or lodging FIR does not amount to sufficient compliance-Claim held to be rightly repudiated.

Jul 11, 2017 sclaw

2017(1) Law Herald (SC) 558 (NCDRC) : 2017 LawHerald.Org 598 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member V.K. Jain Revision Petition No. 176 of…

Consumer Housing

Housing—Non-approval of plan—Non payment of balance amount—If one party to the agreement fails to perform his part of the contract, it cannot compel the other party to the agreement to perform its part which the other party is required to perform.

Jul 11, 2017 sclaw

2017(1) Law Herald (SC) 553 (NCDRC) : 2017 LawHerald.Org 599 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’bfe Mr. Presiding Member V.K. Jain Consumer Case No. 282 of…

Bail Declined

Remand— Only when a charge sheet is not filed and investigation is kept pending, benefit of proviso appended to Sub-section (2) of Section 167 of the Code would be available to an offender; once, however, a charge sheet is filed, the said right ceases. Such a right does not revive only because a further investigation remains pending within the meaning of Sub-section (8) of Section 173 of the Code. Investigation–Further investigation can be carried on despite filing of a police report, in terms of Section 173(8) Cr.P.C.

Jul 10, 2017 sclaw

2007(4) LAW HERALD (SC) 3348 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No.…

Corruption

Sanction—The order granting sanction must be demonstrative of the fact that there had been proper application of mind on the part of the sanctioning authority. Sanction—Only because an order of sanction contains certain irregularities, the court would not set aside an order of conviction.

Jul 10, 2017 sclaw

2007(4) LAW HERALD (SC) 3342 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 766…

I P C

Rape on minor—Punishment–It must depend upon the conduct of the accused, the state and age of the sexually assaulted female and the gravity of the criminal act. Rape on minor—Sentence less than–Minimum punishment of 10 years—Recourse to the proviso can be had only for “special and adequate reasons” and not in a casual manner.

Jul 10, 2017 sclaw

2007(4) LAW HERALD (SC) 3337 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P.P. Naolekar Criminal Appeal No. 782 of 2001…

Acquittal

Murder–Circumstantial Evidence–It is not an inflexible rule that the identification of the body, cause of death and recovery of weapon with which the injury may have been inflicted on the deceased are not established, it would result in acquittal provided the charges against the accused otherwise can be established on the basis of the other reliable and trustworthy evidence.

Jul 9, 2017 sclaw

2007(4) LAW HERALD (SC) 3327 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice B.Sudershan Reddy Criminal Appeal No. 101 of…

You missed

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

Service

Constitution of India, 1950 — Article 309 — Executive Orders as Recruitment Rules — The court affirms that in the absence of formal rules framed under Article 309 of the Constitution, executive orders issued by the government can serve as the governing recruitment rules — Specifically, Government Order (G.O.) dated 07th April, 2008 is recognized as the applicable executive order for the Medical Education Service.

Jan 12, 2025 sclaw