Supreme Court of India Judgements

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Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property. Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force. Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident. Public Service Commission consultation before extending officiating appointment is directory not mandatory; ad-hoc service counts towards seniority computation. A. Uttaranchal Civil Services (Executive Branch) Rules, 2005 — Rule 24(4) — Uttaranchal Public Service Commission (Limitations of Functions) Regulations, 2003 — Regulation 5(a) — Nature of Requirement — Requirement of consulting Commission before continuation of officiating appointment beyond one year held directory, not mandatory, applying the classic test of statutory construction; non-compliance does not invalidate the appointment where treating it as void would cause serious inconvenience to persons with no control over the defaulting authority. Reinstated judicial officer entitled to Selection/Super Time Scale despite missing ACRs; employer cannot benefit from its own wrongful discharge. A. Rajasthan Judicial Service Rules, 2010 — Rules 49, 50 — Full Court Resolution dated 15.01.2011 — Selection Scale/Super Time Scale — Application on facts — Applying the valid ACRs for 2013 and 2014 (Parts I & II) — all rated “Very Good”/”Good” with integrity certified — the Judicial Officer, having completed five years’ notional service considering reinstatement with continuity, was held entitled to Selection Scale with effect from 16.07.2018 and, upon three years therein, Super Time Scale with effect from 16.07.2021, aligned with the dates of eligibility applied to junior officers.
Will & Succession

Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.

Jul 30, 2026 sclaw
Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.
Will & Succession
Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.
Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.
Service
Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.
Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident.
Consumer
Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident.
Public Service Commission consultation before extending officiating appointment is directory not mandatory; ad-hoc service counts towards seniority computation. A. Uttaranchal Civil Services (Executive Branch) Rules, 2005 — Rule 24(4) — Uttaranchal Public Service Commission (Limitations of Functions) Regulations, 2003 — Regulation 5(a) — Nature of Requirement — Requirement of consulting Commission before continuation of officiating appointment beyond one year held directory, not mandatory, applying the classic test of statutory construction; non-compliance does not invalidate the appointment where treating it as void would cause serious inconvenience to persons with no control over the defaulting authority.
Service
Public Service Commission consultation before extending officiating appointment is directory not mandatory; ad-hoc service counts towards seniority computation. A. Uttaranchal Civil Services (Executive Branch) Rules, 2005 — Rule 24(4) — Uttaranchal Public Service Commission (Limitations of Functions) Regulations, 2003 — Regulation 5(a) — Nature of Requirement — Requirement of consulting Commission before continuation of officiating appointment beyond one year held directory, not mandatory, applying the classic test of statutory construction; non-compliance does not invalidate the appointment where treating it as void would cause serious inconvenience to persons with no control over the defaulting authority.
Corporate

Security Interest (Enforcement) Rules, 2002, R.8–Auction Sale-Symbolic Possession-No advertisement was published in the newspaper in terms of Rule 8(2) of the Rules and no possession notice under Rule 8(1) was affixed on the said property-Auction Sale though confirmed but set aside-Sale certificate quashed.

Aug 9, 2017 sclaw

2017(1) Law Herald (SC) 356 : 2016 LawHerald.Org 2534 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Anil R. Dave  The Hon’ble Mr. Justice Uday Umesh Lalit…

Constitution

Service Law—Sporting a beard—Muslim Airman—Religion of personnel does not prohibit the cutting off the hair or shaving off the face of its members-Permission held to be rightly declined, Service Law-Sporting of beard-Armed Forces-Appellant, an Airman belonging to Muslim Religion sought permission to sport a broad on religious grounds-Permission declined-Order upheld-Held;

Aug 9, 2017 sclaw

2017(1) Law Herald (SC) 351 : 2016 LawHerald.Org 2533 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice T.S. Thakur The Hon’ble Mr. Justice D.Y. Chandrachud The…

Dying Declaration

Dying Declaration—A valid dying declaration maybe made without obtaining a certificate fitness of the declaration by medical officer. Abetment of Suicide—Eve teasing—Active acts of the accused have led the deceased to put an end to her life as accused has played active role in tarnishing the self-esteem and self respect of the victim—Accused convicted.

Aug 8, 2017 sclaw

2017(2) Law Herald (SC) 1303 : 2017 LawHerald.Org 891 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice A.M. Khanwilkar The Hon’ble…

Cheque Dishonour

Dishonour of Cheque—Second notice is of no relevance and could be construed as reminder notice only. Dishonour of Cheque—Deemed Service—Once notice is sent by registered post by correctly addressing to the drawer of the cheque, the service of notice is deemed to have been effected.

Aug 8, 2017 sclaw

2017(2) Law Herald (SC) 1292 : 2017 LawHerald.Org 902 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice N. V. Ramana The Hon’ble Mr. Justice Prafulla C. Pant…

Contempt

Contempt of Courts Act, 1971, S.12–Willful Disobedience-Court has to grant an opportunity to the appellant to file his reply and on the reply being filed, the appellant may be heard and only thereafter, the Court may form an opinion as to whether the Court should proceed or not against the appellant for Contempt of

Aug 5, 2017 sclaw

2017(1) Law Herald (SC) 336 : 2017 LawHerald.Org 593 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice A. M. Khanwilkar Civil…

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Will & Succession

Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.

Jul 30, 2026 sclaw
Service

Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.

Jul 30, 2026 sclaw
Consumer

Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident.

Jul 30, 2026 sclaw
Service

Public Service Commission consultation before extending officiating appointment is directory not mandatory; ad-hoc service counts towards seniority computation. A. Uttaranchal Civil Services (Executive Branch) Rules, 2005 — Rule 24(4) — Uttaranchal Public Service Commission (Limitations of Functions) Regulations, 2003 — Regulation 5(a) — Nature of Requirement — Requirement of consulting Commission before continuation of officiating appointment beyond one year held directory, not mandatory, applying the classic test of statutory construction; non-compliance does not invalidate the appointment where treating it as void would cause serious inconvenience to persons with no control over the defaulting authority.

Jul 30, 2026 sclaw