Supreme Court of India Judgements

January 17, 2025 5:22 am

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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. The Supreme Court held that for the purposes of calculating the limitation period for filing objections to an arbitral award, formal notice of the award is not required; awareness or knowledge of the award’s existence is sufficient

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

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

Arbitration

The Supreme Court held that for the purposes of calculating the limitation period for filing objections to an arbitral award, formal notice of the award is not required; awareness or knowledge of the award’s existence is sufficient

Jan 11, 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

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.

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.

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.

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.

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.

Constitution

Appointment – Acquisition of land – Persons affected as a result of acquisition are not entitled to preferential treatment for employment in the Company.

Apr 22, 2017 sclaw

(1995) 3 JT 428 : (1995) 2 SCALE 539 : (1995) 2 SCC 225 Supp : (1995) 3 SCR 76 : (1995) 2 UJ 129 SUPREME COURT OF INDIA…

Property Matters

Agreement of re-conveyance – – The father of the respondent had obtained the sale deed in the name of the minor, obviously he is bound by the agreement of re conveyance as well. Having received the money, he had not executed the sale deed – The subsequent purchaser is bound by this decree of specific performance and liable to re-convey

Apr 22, 2017 sclaw

(1996) 9 AD 406 : (1996) 8 SCALE 687 : (1997) 1 SCC 475 : (1996) 8 SCR 720 Supp SUPREME COURT OF INDIA NIVARTI GOVIND INGALE AND OTHERS…

Acquittal

Penal Code, 1860 (IPC) – Section 300 – Evidence Act, 1872 – Section 9, 45 – Murder – Identification of dead body – Finger prints of deceased taken through spoon method – Receipt produced by prosecution bearing thumb impression of deceased, not proved – Comparison of finger prints of deceased with that of thumb impression – Would be of no consequence

Apr 22, 2017 sclaw

AIR 2007 SC 1028 : (2007) CLT 847 Supp : (2006) 12 SCALE 470 : (2006) 9 SCR 733 Supp SUPREME COURT OF INDIA SADASHIO MUNDAJI BHALERAO — Appellant…

Matrimonial

Having regard to the fact that the petitioner-wife is presently residing in Vadodara (Gujarat), Court is satisfied that greater hardship shall be caused to her in case the proceedings in the matrimonial case are allowed to be continued at Ambala Cantt (Haryana) — Petition stands allowed

Apr 22, 2017 sclaw

(2014) 2 DMC 69 SUPREME COURT OF INDIA NIDHI SURVE — Appellant Vs. SHAILENDRA KUMAR SINGH — Respondent ( Before : Shiva Kirti Singh, J; R.M. Lodha, J )…

I P C

Criminal Procedure Code, 1973 (CrPC) – Section 465(2) – Sanction for prosecution – Irregularity in – Effect of – Irregularity in sanction would not by itself render the trial vitiated. Terrorist & Disruptive Activities (Prevention) Act-Section 3(4) – Harbour – Meaning of – Must be understood in its ordinary meaning as for penal provision – Mens rea is not excluded from constituting harbouring.

Apr 22, 2017 sclaw

AIR 1998 SC 201 : (1998) CriLJ 369 : (1997) 9 JT 18 : (1997) 6 SCALE 689 : (1997) 8 SCC 732 SUPREME COURT OF INDIA KALPNATH RAI…

Bail Granted

Criminal Procedure Code, 1973 (CrPC) – Sections 437(5) and 439(2)-Bail – Prayer for cancellation – No contravention of conditions of bail – Bail granted in the year 2004 – Now, order for cancellation of bail cannot be passed.

Apr 22, 2017 sclaw

(2009) CriLJ 4421 : (2009) 13 JT 464 : (2009) 8 SCC 727 : (2009) 11 SCR 748 SUPREME COURT OF INDIA DIVISION BENCH M.M. COOPERATIVE BANK LTD. — Appellant…

Service

The State Government is directed to consider and determine the restructure of the electrical and civil engineering departments and the required number of posts in each department and the qualifications prescribed and principles for filling up all the posts –

Apr 22, 2017 sclaw

(1995) 8 JT 278 : (1995) 6 SCALE 397 : (1996) 7 SCC 35 : (1995) 4 SCR 731 Supp SUPREME COURT OF INDIA STATE OF MANIPUR — Appellant Vs.…

Service

The criminal charge and the charge in the departmental enquiry were entirely different. The appellate court in the criminal case came to the conclusion that since the two ladies had not supported the prosecution case, the charges against the appellant were not proved – It is a settled proposition of law that strict rules of evidence are not applicable to departmental enquiries.

Apr 22, 2017 sclaw

(1998) 8 SCC 723 : (1999) SCC(L&S) 257 SUPREME COURT OF INDIA STATE OF T.N. — Appellant Vs. M.A. WAHEED KHAN — Respondent ( Before : Kuldip Singh, J;…

Arbitration

Arbitration agreement—Interim measure by tribunal–It is not possible to keep out the concept of balance of convenience, prima facie case, irreparable injury and the concept of just and convenient while passing interim measures under Section 9 of the Act.

Apr 22, 2017 sclaw

2007(3) LAW HERALD (SC) 2245 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 6569 of 2005…

Education

Right to equality–In illegal order–Any direction for enforcement of such claim shall tantamount to perpetuating an illegality, which cannot be permitted.

Apr 22, 2017 sclaw

2007(3) LAW HERALD (SC) 2239 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. 2913 of…

You missed

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