Supreme Court of India Judgements

January 18, 2025 6:43 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.

Direct Taxation

Income Tax Act, 1963 – Section – 245C, 245H, 245D – Application for settlement – The assessee approached the Settlement Commission (Commission) with an application under Section 245-C of the Act – Section 245-H empowers the Commission to grant immunity from prosecution to an applicant if it is satisfied that he has made full disclosure of his income and has fully cooperated with the Commission

Jun 26, 2017 sclaw

(1996) 2 AD 629 : (1996) 132 CTR 290 : (1996) 219 ITR 618 : (1996) 3 JT 144 : (1996) 2 SCALE 655 : (1996) 8 SCC 154…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 482, 190 – Inherent powers of High Court – Scope – High Court is not empowered under Section 482 to appreciate evidence for quashing order taking cognizance.

Jun 25, 2017 sclaw

(1996) CriLJ 1372 : (1996) 1 Crimes 21 : (1996) 1 JT 601 : (1996) 1 SCALE 394 : (1996) 8 SCC 164 : (1996) 1 SCR 744 SUPREME…

Service

Promotion – The respondents-employees were appointed to the posts of L.D.C. in 1970-71 – The Departmental Promotion Committee constituted for the purpose of selection for promotion to the post of U.D.C. had considered the appellant’s claim and found him fit. It regularised his services and has given him the promotion as he was senior to the respondents

Jun 25, 2017 sclaw

(1997) 10 JT 700 : (1997) 3 SCALE 91 : (1997) 9 SCC 658 : (1997) SCC(L&S) 1098 : (1997) 2 SCR 628 SUPREME COURT OF INDIA PRAHALLAD BARAL…

State Laws

Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 – Section – 3(7) – Judicial separation – The claim made by learned Senior Counsel for the appellants, is that a wife who had separated in property from her husband, shall be treated to be a judicially separated wife for the purposes of Section 3(7) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960

Jun 25, 2017 sclaw

(1998) 7 JT 237 : (1998) 9 SCC 186 SUPREME COURT OF INDIA SAROJ BHARDWAJ (SMT) AND ANOTHER — Appellant Vs. ADDITIONAL CIVIL JUDGE AND OTHERS — Respondent (…

Labour Cases

Payment of Wages Act, 1936 – Sections 15 nd 16 – Constitution of India, 1950 – Articles 226 and 227 – Tribunal powers to issue writ – Wrong interpretation by lower Tribunal.

Jun 25, 2017 sclaw

AIR 1961 SC 970 : (1961) 2 FLR 205 : (1961) 1 LLJ 1 : (1961) 3 SCR 220 SUPREME COURT OF INDIA SHRI AMBICA MILLS CO. LTD. —…

Accident

Motor Vehicles Act, 1939 – Section 95(2)(b) – Statutory liability of insurer – Scope of – The insured vehicle allowed to carry six passenger, the maximum liability of insurer is at the rate of Rs. 2,000/- per passenger subject to total liability of Rs. 20,000/-. Motor Vehicles Act, 1939 – Section 110-B – Compensation – Considerations for determination of – Necessity to balance loss of future pecuniary benefit which could have accrued to the claimant – Decision partly on conjectures – Permissibility.

Jun 25, 2017 sclaw

(1971) ACJ 206 : AIR 1971 SC 1624 : (1971) 1 SCC 785 : (1971) SCR 20 Supp : (1971) 3 UJ 489 SUPREME COURT OF INDIA SHEIKHUPURA TRANSPORT…

Will & Succession

Interpretation of deeds – Release deed – Scope of – Principle for construction of instrument relinquishing the property – Effect of wide language employed in the instrument. It is a well settled rule of interpretation of deeds of release that however wide and general the covenant of release may be, its operation must be restricted to the rights which are in the contemplation or in controversy between the parties and would not cover or comprehend rights which are never in the minds of the parties at that time.

Jun 25, 2017 sclaw

AIR 1975 SC 895 : (1976) 1 SCC 299 : (1975) 7 UJ 303 SUPREME COURT OF INDIA RAJAGOPAL PILLAI AND ANOTHER — Appellant Vs. PAKKIAM AMMAL AND OTHERS…

Constitution

Constitution of India, 1950 – Articles 252, 168, 250 – Urban Land (Ceiling and Regulation) Act, 1976 – Section 2(h) – A.P. (Telangana Area) District Municipalities Act, 1956 – Section 244(1)(c)(iii) – The primary object and the purpose of the Urban Land (Ceiling and Regulation) Act, 1976, as the long title and the preamble show, is to provide for the imposition of a ceiling on vacant land in urban agglomerations,

Jun 25, 2017 sclaw

AIR 1979 SC 1415 : (1979) 3 SCC 324 : (1979) 3 SCR 802 SUPREME COURT OF INDIA UNION OF INDIA (UOI) AND OTHERS — Appellant Vs. VALLURI BASAVAIAH…

Rent

Delhi Rent Control Act, 1958 – Section 14(1)(b) – Subletting, assignment or parting with possession of the premises within the meaning of S. 14(1)(b).

Jun 25, 2017 sclaw

AIR 1986 SC 1564 : (1986) 1 SCALE 989 : (1986) 3 SCC 62 : (1986) 2 UJ 498 SUPREME COURT OF INDIA MADRAS BANGALORE TRANSPORT CO. (WEST) —…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 156(3), 200 and 202 – Investigation and cognizance of criminal case – Police Officer directed by Magistrate to proceed further without examining merits of claim that there is sufficient grounds for proceeding or not

Jun 24, 2017 sclaw

(2010) CriLJ 4457 : (2010) 7 JT 534 : (2010) 7 SCALE 665 : (2010) 8 SCC 206 : (2010) 9 SCR 278 : (2010) 8 UJ 3869 :…

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