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Supreme Court Judgements

Supreme Court Judgments

More:  High Court JudgementsLatest DOPT/CVC/RTI/MOF/CGHS/DPE Circulars/Orders * Court Judgments on Service Matters * NCDRC/Consumer Forum Judgements  * Vigilance Clearance * Right to Information Circulars/Orders * Decisions of Central Information Commission – Section-Wise * CGHS Circulars/Empanelled Hospitals/Package Rates * Verification of SC/ST/OBC Caste Status or Claims of SCs, STs and OBCs 

 SIGNIFICANT/LANDMARK JUDGEMENTS

  • RTI
    Service details of employees amount to ‘personal information’ under the RTI Act – SC Judgment dated 31.08.2017 – Canara Bank Rep. by its Deputy Gen. Manager Vs. C.S. Shyam & Anr.
  • PRIVACY
    Privacy is a fundamental rights. – SC Judgment dated 24.08.2017 – Justice K.S. Puttaswamy (Retd.) and anr. Vs. Union of India and Ors. 
  • PUBLIC AUTHORITY
    A Public Authority cannot act arbitrarily: SC – SC Judgement dated 24.08.2017 – M/s. Ajar Enterprises Private Limited Vs. Satyanarayan Somani and Ors.
  • FALSE CASTE CLAIM
    Times of India: “The Supreme Court on Thursday said anyone found guilty of using a forged caste certificate for getting education and employment will lose their degree and their job.
    In addition, they will also be punished, said the top court.” – SC Judgement dated 06.07.2017 – Chairman and Managing Director FCI and Ors. Vs. Jagdish Balaram Bahira and Ors.
  • INSURANCE
    A  forcible  entry  is required for a claim to be  allowed  under  the  policy  for  burglary/house breaking. – SC Judgement dated 22.08.2016 – M/s. Industrial Promotion & Investment Corp. of Orissa Ltd. Vs. New India Assurance Company Ltd. & Anr.
  • LABOUR LAW
    SC: “These temporary and badli workers, who are entitled for regularization as permanent workmen in terms of our March 18, 2015 judgment by applying the terms and conditions of the modified award of August 26, 1988, passed by Justice Jamdar, are held to be entitled to full back wages. However, keeping in mind the immense financial burden this would cause to LIC, we deem it fit to modify the relief only with regard to the back wages payable and therefore, we award 50% of the back wages with consequential benefits. The back wages must be calculated on the basis of the gross salary of the workmen, applicable as on the date as per the periodical revisions of pay scale as stated supra.” – SC Judgment dated 09.08.2016 – Tamilnadu Terminated Full Time Temporary LIC Employees Association Vs. S.K. Roy, Chairman, LIC of India & Anr.
  • APPOINTMENT
    Hon’ble Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job. Other guidelines are also contained in their judgement dated 21.07.2016.  SC Judgment dated 21.07.2016 – Avtar Singh Vs. Union of India & Ors.
  • Disciplinary Action against authorities exercising judicial/quasi-judicial functions
  • SC: “The issue which arises in such cases is whether there are circumstances from which an inference that extraneous considerations have actuated a judicial officer can legitimately be drawn. Such an inference cannot obviously be drawn merely from a hypothesis that a decision is erroneous. A wrong decision can yet be a bona fide error of judgment. Inadvertence is consistent with an honest error of judgment. A charge of misconduct against a judicial officer must be distinguished from a purely erroneous decision whether on law or on fact. … …” – SC Judgment dated 12.07.2016 – R.R. Parekh Vs. High Court of Gujarat & Anr. 
  • RESERVATION FOR PWDs
    SC: “… … we declare the impugned memoranda as illegal and inconsistent with the 1995 Act. We further direct the Government to extend three percent reservation to PWD in all IDENTIFIED POSTS in Group A and Group B, irrespective of the mode of filling up of such posts.” –  SC Judgment dated 30.06.2016 – Rajeev Kumar Gupta & Others Vs. Union of India & Others
  • RESERVATION FOR SCs/STs IN PROMOTION
    SC: “The relief in the present case, when appositely appreciated, tantamounts to a prayer for issue of a mandamus to take a step towards framing of a rule or a regulation for the purpose of reservation for Scheduled Castes and Scheduled Tribes in matter of promotions. In our considered opinion a writ of mandamus of such a nature cannot be issued.” – SC Judgment dated 11.03.2016 – Suresh Chand Gautam Vs. State of Uttar Pradesh & Ors.
  • PREVENTION OF CORRUPTION ACT
    According to the Supreme Court, they are of the opinion that the courts below have erred in law in holding that accused Ramesh Gelli and Sridhar Subasri, who were Chairman/Managing Director and Executive Director of GTB (Global Trust Bank) respectively, were not public servants for the purposes of Prevention of Corruption Act, 1988. –  SC Judgment dated 23.02.2016 – CBI, Bank Securities & Fraud Cell Vs. Ramesh Gelli and Others
  • Census (Caste-Based)
    Consumer
    Criminal Law Criminal Intimidation * Facebook Comments * Quashing of FIR
    DRT Act & SARFAESI Act
    Education
    Homosexuality
    Insurance
    Live-In Relationship
    Passport
    Public Authority
    RTI Sec. 8(1)(g) * Sec. 8(1)(j) * Sec. 10 * Sec. 11 * Sec. 20 * 24(1)
    To see High Court Judgments relating to RTI, please click here.
    Service Matters

    ACRs * Appointment * Charge-Sheet * Compassionate Appointment * Delay in Disciplinary Proceedings * Denial of Reasonable Opportunity – Bias * Departmental Inquiry to be conducted in the preferred language of the employee * Disciplinary action for lapses while discharging judicial/quasi-judicial functions * Disciplinary Authority/Power to Institute Disc. Proceedings* Ex Parte Inquiry * Exoneration in departmental proceedings ipso facto would not result into quashing of the criminal prosecution * Indiscipline – Misbehaviour * In case of minor penalty, due promotion to be granted in accordance with the rules * Investigation of Corruption Charges against against JS and above rank Officers * Judicial Review – Limitations * Labour Court Award * Leave Rules – Child Care Leave (CCL) * Major Penalty without Inquiry * Misappropriation * Natural Justice * Pension and Gratuity * Promotion – Consideration for Promotion – RRs * Punishment to be commensurate with Articles of Charge * Prevention of Corruption Act, 1988 * Punishment under the PC Act – Section 13 * Recovery * Reinstatement – Salary * Reopening of the inquiry qua charge sheet after 30 years or so would not serve any purpose * Reservation * Seniority – Ad Hoc Service * Retirement Age * Second Marriage * Sexual Harassment * Simultaneous Proceedings * Suspension * Termination * Transparency in Services (Minimum fixed tenure, recording of oral directions, etc.) * Unauthorized Absence * Unconditional Apology * VRS – Withdrawal of Voluntary Retirement * Uncategorized

    To see High Court Judgments on Service Matters, please click here.
    Transgender (TG) Community
    Others/Uncategorized
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    CENSUS (CASTE-BASED)

      SC Judgment dated 07.11.2014 - Census Commissioner & Others Vs. R. Krishnamurthy (288.9 KiB, 3,936 hits)

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    CONSUMER
    — Medical Negligence Case

      SC Judgment dated 24.10.2013 - Dr. Balram Prasad Vs. Advanced Medicare & Research Institute Ltd. & Another (762.0 KiB, 1,703 hits)

    LegalHelp 1

    — Sec. 13(2)(a) of the Consumer Protection Act, 1986 – Supreme Court has ruled that a party will not get more than 45 days for replying to a complaint in a consumer forum. The court said this period cannot be extended under any circumstances. 

      SC Judgment dated 04.12.2015 - New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. (215.0 KiB, 1,777 hits)

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    CRIMINAL LAW
    Criminal Intimidation * Facebook Comments * Quashing of FIR

    Mere expression of any words without any intention to cause alarm would not be sufficient to bring in the application of section 503 of IPC. But material has to be placed on record to show that the intention is to cause alarm to the complainant. “…in exercise of its jurisdiction under Section 482 Cr.P.C., the court should be extremely cautious to interfere with the investigation or trial of a criminal case and should not stall the investigation, save except when it is convinced beyond any manner of doubt that the FIR does not disclose commission of offence and that continuance of the criminal prosecution would amount to abuse of process of the court.”

      SC Judgment dated 20.01.2015 - Manik Taneja & Anr. Vs. State of Karnataka & Anr. (198.0 KiB, 2,772 hits)

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    DRT ACT & SARFAESI ACT
    — Definition of NPA – The amended definition of the expression “NPA” under Section 2(1)(o) of the SARFAESI Act is constitutionally valid.

      SC Judgment dated 28.01.2015 - Keshavlal Khemchand and Sons Pvt. Ltd. Vs. Union of India & Others (392.3 KiB, 4,656 hits)

    — Others

      SC judgment dated 18.03.2011 - Narayan Chandra Ghosh Vs. UCO Bank & Others (137.2 KiB, 861 hits)

      SC Judgment dated 07.02.2011 - Kanaiyalal Lalchand Sachdev & Ors. Vs. State of Maharashtra & Ors. (176.8 KiB, 759 hits)

      SC judgement dated 26.07.2010 - Union Bank of India vs. Satyawati Tondon and others (153.3 KiB, 2,606 hits)


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    EDUCATION

      SC Judgment dated 01.11.2012 - NCTE and another Vs. Venus Public Education Society and others (335.7 KiB, 623 hits)

      SC Judgment dated 10.7.2012 - Jaipuria Institutes of Management & Ors. Vs. AICTE (13.4 KiB, 460 hits)

      Supreme Court Judgment dated 11.02.2005 - Prof. Yashpal & another Vs. State of Chhattisgarh & Others (2.7 MiB, 647 hits)

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    HOMOSEXUALITY  

      SC Judgement dated 11.12.2013 - Suresh Kumar Koushal and another Vs. Naz Foundation and others (601.9 KiB, 2,122 hits)

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    INSURANCE
    — A  forcible  entry  is required for a claim to be  allowed  under  the  policy  for  burglary/house breaking.

      SC Judgement dated 22.08.2016 - M/s. Industrial Promotion & Investment Corp. of Orissa Ltd. Vs. New India Assurance Company Ltd. & Anr. (21.7 KiB, 491 hits)

      SC judgement dated 31.08.2010 - Yadava Kumar vs. National Insurance Co. Ltd. & another (121.8 KiB, 640 hits)

      SC judgement dated 22.07.2010 - Arun Kumar Agarwal & anr. vs. National Insurance Co. Ltd. & others (306.9 KiB, 848 hits)

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    LIVE-IN RELATIONSHIP

      SC Judgement dated 26.11.2013 - Indra Sarma Vs. V.K.V. Sarma (328.4 KiB, 1,977 hits)

      SC Judgment dated 21.10.2010 - D. Velusamy Vs D. Patchnaiammal - Live-in relationship (136.6 KiB, 1,509 hits)

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    PASSPORT

      SC Judgment dated 24.01.2008 - Suresh Nanda Vs. C.B.I. (19.2 KiB, 3,611 hits)


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    Privacy
    Privacy is a fundamental rights.

      SC Judgment dated 24.08.2017 - Justice K.S. Puttaswamy (Retd.) and anr. Vs. Union of India and Ors. (3.0 MiB, 323 hits)

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    Public Authority 
    A Public Authority cannot act arbitrarily: SC

      SC Judgement dated 24.08.2017 - M/s. Ajar Enterprises Private Limited Vs. Satyanarayan Somani and Ors. (405.2 KiB, 255 hits)

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    RTI
    Sec. 8(1)(g) * Sec. 8(1)(j) * Sec. 10 * Sec. 11 * Sec. 20 * 24(1)

    — Sec. 8(1)(g)

      SC judgement dated 13.12.2012 - Bihar Public Service Commission Vs. Saiyed Hussain Abbas Rizwi & Anr. (231.2 KiB, 1,056 hits)

    — Sec. 8(1)(j)

      SC Judgment dated 31.08.2017 - Canara Bank Rep. by its Deputy Gen. Manager Vs. C.S. Shyam & Anr. (448.0 KiB, 1,765 hits)

      SC Judgment dated 03.10.2012 - Girish Chandra Deshpande Vs. Central Informtion Commissioner & Ors. (177.5 KiB, 1,990 hits)

      SC Judgment dated 16.04.2013 - R.K. Jain Vs. Union of India & Anr. (325.2 KiB, 2,491 hits)

    — Sec. 10

      SC judgement dated 13.12.2012 - Bihar Public Service Commission Vs. Saiyed Hussain Abbas Rizwi & Anr. (231.2 KiB, 1,056 hits)

    — Sec. 11

      SC Judgment dated 16.04.2013 - R.K. Jain Vs. Union of India & Anr. (325.2 KiB, 2,491 hits)

    — Sec. 20
    — “Ordering withdrawal of the departmental action, if any, initiated against the PIO, the Hon’ble Supreme Court directed the State Information Commission to decide the appeal filed by the PIO before it on merits and in accordance with law.”

      SC Judgment dated 13.12.2012 - Manohar s/o Manikrao Anchule Vs. State of Maharashtra & Anr (251.1 KiB, 919 hits)

    — Section 8(1) 
    — SC: “… …lower level economic and financial information, like contracts and departmental budgets should not be withheld under this exemption. This makes it necessary to think when or at what stage an information is to be provided i.e., the appropriate time of providing the information which will depend on nature of information sought for and the consequences it will lead to after coming in public domain. …”  [Sections 8(1)(e) and 10 & Art. 19(2) of the Constitution]

      SC Judgment dated 16.12.2015 - Reserve Bank of India Vs. Jayantilal N. Mistry (412.1 KiB, 1,186 hits)


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    — Cooperative Societies not covered under the RTI Act 

      SC Judgment dated 07.10.2013 - Thalappan Ser. Coop. Bank Ltd. and others Vs. State of Kerala and others (324.2 KiB, 4,074 hits)

    — Doctrine of Precedence

      SC Judgment dated 13.09.2012 - Namita Sharma Vs. Union of India (683.3 KiB, 652 hits)


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    — Uncategorized

      Supreme Court Judgment dated 02.09.2011 - Institute of Chartered Accountants of India Vs. Shaunak H. Satya & Ors. (198.3 KiB, 615 hits)

      Supreme Court Judgment dated 09.08.2011 - CBSE & Another Vs. Aditya Bandopadhyay & Ors. (264.4 KiB, 824 hits)

      Supreme Court Judgment dated 18.04.2011 - P.C. Wadhwa Vs Central Information Commission and Ors. (26.2 KiB, 636 hits)

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    SERVICE MATTERS – SUBJECT-WISE

    ACRs * Appointment * Charge-Sheet * Compassionate Appointment * Delay in Disciplinary Proceedings * Denial of Reasonable Opportunity – Bias * Departmental Inquiry to be conducted in the preferred language of the employee * Disciplinary action for lapses while discharging judicial/quasi-judicial functions * Disciplinary Authority/Power to Institute Disc. Proceedings * Ex Parte Inquiry * Exoneration in departmental proceedings ipso facto would not result into quashing of the criminal prosecution * Indiscipline – Misbehaviour * In case of minor penalty, due promotion to be granted in accordance with the rules * Investigation of Corruption Charges against against JS and above rank Officers * Judicial Review * Labour Court/Tribunal Award * Leave Rules – Child Care Leave (CCL) * Major Penalty without Inquiry * Misappropriation * Natural Justice – Quasi-Judicial Authority – Administrative Authority * Passport * Pension and Gratuity * Promotion – Consideration for Promotion – RRs * Punishment to be commensurate with Articles of Charge * Punishment under the PC Act – Section 13 * Recovery * Reinstatement – Salary * Reopening of the inquiry qua charge sheet after 30 years or so would not serve any purpose * Reservation * Res Judicata * Retirement Age * Seniority – Ad Hoc Service * Sexual Harassment * Simultaneous Proceedings * Suspension * Termination * Transparency in Services (Minimum fixed tenure, recording of oral directions, etc.) * Unauthorized Absence * Unconditional Apology * Withdrawal of Voluntary Retirement * Uncategorized

    ACRs
    — “However, it will be open to the appellant to make a representation to the concerned authorities for retrospective promotion in view of the legal position stated by us. If such a representation is made by the appellant, the same shall be considered by the concerned authorities appropriately in accordance with law.”

      SC Judgment dated 23.04.2013 - Sukhdev Singh Vs. Union of India and Others (152.4 KiB, 2,453 hits)

    — “… ……If his entry is upgraded the appellant shall be considered for promotion retrospectively by the Departmental Promotion Committee (DPC) within three months thereafter and if the appellant gets selected for promotion retrospectively, he should be given higher pension with arrears of pay and interest @ 8% per annum till the date of payment.”

      SC Judgment dated 12.05.2008 - Dev Dutt Vs. Union of India & Others (71.0 KiB, 739 hits)

    Appointment

      SC Judgement dated 06.07.2017 - Chairman and Managing Director FCI and Ors. Vs. Jagdish Balaram Bahira and Ors. (497.6 KiB, 2,224 hits)

     — Appointment on bogus certificate set aside

      SC Judgment dated 11.02.2015 - Krishna Hare Gaur Vs. Vinod Kumar Tyagi & Ors. (188.4 KiB, 4,100 hits)

    — Non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job. Other guidelines are also contained in their judgement dated 21.07.2016.

      SC Judgment dated 21.07.2016 - Avtar Singh Vs. Union of India & Ors. (384.7 KiB, 1,580 hits)

    Charge-Sheet
    The charge sheet/charge memo having not been approved by the disciplinary authority was non est in the eye of law.

      SC Judgment dated 05.09.2013 - Union of India & Ors. Vs. B.V. Gopinath (289.7 KiB, 11,221 hits)

     
    Compassionate Appointment
    — No compassionate appointment without qualification

      SC Judgment dated 20.02.2015 - The Rajasthan State Road Transport Corporation and others Vs. Revat Singh (174.5 KiB, 3,698 hits)

    Delay in Disciplinary/Inquiry Proceedings

    — It is a settled legal proposition that a departmental enquiry can be quashed on the ground of delay provided the charges are not very grave. 

      SC Judgment dated 29.04.2013 - Shri Anant R. Kulkarni Vs. Y.P. Education Society & Ors. (275.4 KiB, 5,302 hits)

    — SC: “… … we are of the considered view that every employer (whether State or private) must make sincere endeavour to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded with six months as an outer limit. Where it is not possible for the employer to conclude due to certain unavoidable causes arising in the proceedings within the limit frame then efforts should be made to conclude within reasonably extended period depending upon the cause and the nature of inquiry but not more than a year.”

      SC Judgment dated 16.12.2015 - Prem Nath Bali Vs. Registrar, High Court of Delhi & Anr. (185.6 KiB, 3,488 hits)

    Denial of Reasonable Opportunity – Bias

      SC Judgment dated 18.10.2000 - Kumaon Mandal Vikas Nigam Ltd. Vs. Girja Shankar Pant & Ors. (54.2 KiB, 1,679 hits)

    Departmental Inquiry to be conducted in the preferred language of the employee

      SC Judgment dated 01.05.2013 - Mithilesh Kumar Singh Vs. Union of India & Others (30.8 KiB, 1,388 hits)

    Disciplinary action against authorities discharging judicial/quasi-judicial functions

      SC Judgment dated 12.07.2016 - R.R. Parekh Vs. High Court of Gujarat & Anr. (262.1 KiB, 912 hits)

      SC Judgment dated 12.07.2016 - R.R. Parekh Vs. High Court of Gujarat & Anr. (262.1 KiB, 912 hits)

      SC Judgment dated 27.01.1993 - Union of India Vs. K.K. Dhawan (46.1 KiB, 2,168 hits)

    Disciplinary Authority/Power to Institute Disc. Proceedings 

      SC Judgment dated 15.10.2012 - UCO Bank & Ors. Vs. Sushil Kumar Saha (227.4 KiB, 1,406 hits)

    Ex Parte Inquiry

      SC Judgment dated 14.01.2013 - State Bank of India and Ors. Vs. Narendra Kumar Pandey (216.6 KiB, 1,316 hits)

    Exoneration in departmental proceedings ipso facto would not result into quashing of the criminal prosecution

      SC Judgment dated 31.08.2012 - NCT of Delhi Vs. Ajay Kumar Tyagi (99.8 KiB, 1,575 hits)

    Indiscipline – Misbehaviour

      SC Judgment dated 24.09.2013 - Davalsab Husainsab Mulla Vs. North West Karnataka Road Transport Corporation (223.4 KiB, 4,129 hits)

    In case of minor penalty, due promotion to be granted in accordance with the rules

      SC Judgment dated 30.07.2013 - DHBVNL, Vidhyut Nagar, Hisar & Others V. Yashvir Singh Gulia (163.7 KiB, 2,857 hits)

    Investigation of Corruption Charges against against JS and above rank Officers

      SC Judgment dated 06.05.2014 - Dr. Subramanian Swamy Vs. Director, Central Bureau of Investigation & Anr. (477.7 KiB, 3,670 hits)

    Judicial Review – Limitations

      SC Judgment dated 14.01.2015 - K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp. (189.4 KiB, 8,415 hits)

      SC Judgment dated 14.08.2014 - The LIC of India & Ors. Vas. S. Vasanthi (232.9 KiB, 3,074 hits)

    Labour Court/Tribunal Award

      SC Judgment dated 09.08.2016 - Tamilnadu Terminated Full Time Temporary LIC Employees Association Vs. S.K. Roy, Chairman, LIC of India & Anr. (243.2 KiB, 1,510 hits)

      SC Judgment dated 14.01.2015 - K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp. (189.4 KiB, 8,415 hits)

    Leave Rules

    Child Care Leave

      SC Judgment dated 15.04.2014 - Kakali Ghosh Vs. Chief Secretary, A&N Administration & Ors. (186.4 KiB, 3,528 hits)

    Major Penalty without Inquiry

      SC Judgment dated 13.05.2014 - Risal Singh Vs. State of Haryana & Ors. (173.8 KiB, 4,279 hits)

    Misappropriation

      SC Judgment dated 05.01.2015 - Diwan Singh Vs. Life Insurance Corporation of India & Others (177.6 KiB, 3,758 hits)

    Natural Justice

    — Quasi-Judicial Authority-Administrative Authority-Natural Justice

      SC Judgment dated 18.03.2013 - Nirmal J. Jhala Vs. State of Gujarat & Anr. (442.3 KiB, 4,663 hits)

      SC Judgment dated 29.04.1969 - A.K. Kraipak & Ors, etc. Vs. Union of India & Ors. (51.4 KiB, 3,188 hits)

    Passport

      SC Judgment dated 24.01.2008 - Suresh Nanda Vs. C.B.I. (19.2 KiB, 3,611 hits)

    Pension/Gratuity

    Disability Pension – “A soldier cannot be asked to prove that the disease was contracted by him on account of military service or was aggravated by the same.” … “Since the disability has in each case been assessed at more than 20%, their claim to disability pension could not have been repudiated by the appellants.” –

      SC Judgment dated 13.02.2015 - Union of India & Anr. Vs. Rajbir Singh (222.7 KiB, 7,955 hits)

    Pension and GratuityPension and Gratuity can not be denied without the authority of law

      SC Judgment dated 14.08.2013 - State of Jharkhand & Ors. Vs. Jitendra Kumar Srivastava & Anr (242.4 KiB, 1,388 hits)

    Pension relief for all the other employees who have availed SBI-VRS 2000 after having completed 15 years of pensionable service

      SC Judgment dated 26.02.2015 - Asstt. General Manager, State Bank of India & Others Vs. Radhey Shyam Pandey (652.0 KiB, 4,056 hits)

    Promotion

    — Consideration for Promotion Consideration for promotion a fundamental right.

      SC Judgment dated 09.01.2014 - Major General H.M. Singh, VSM Vs. Union of India and Anr. (235.1 KiB, 10,593 hits)

    RRs 

      SC Judgment dated 23.08.2013 - Union of India & Ors. Vs. Shri G.R. Rama Krishna & Anr. (170.4 KiB, 1,488 hits)

    Punishment to be commensurate with Articles of Charge

      SC Judgment dated 03.01.2014 - Ishwar Chandra Jayaswal Vs. Union of India & Ors (169.2 KiB, 5,248 hits)

    Prevention of Corruption Act, 1988 

      SC Judgment dated 23.02.2016 - CBI, Bank Securities & Fraud Cell Vs. Ramesh Gelli and Others (205.1 KiB, 1,927 hits)

     Punishment under the PC Act

    Section 13 of the PC Act

    “… … the prosecution, in the instant case, has failed to prove unequivocally, the demand of illegal gratification and, thus, we are constrained to hold that it would be wholly un-safe to sustain the conviction of the appellant under Section 13(1) (d)(i)&(ii) read with Section 13(2) of the Act as well. In the result, the appeal succeeds.”

      SC Judgment dated 14.09.2015 - P. Satyanarayan Murthy Vs. The Distt. Inspector of Police and Anr. (Non-Reportable) (224.2 KiB, 2,289 hits)

      SC Judgment dated 14.11.2014 - Anotony Cardoza Vs. State of Kerala (150.1 KiB, 6,191 hits)


    Recovery
    Courts can’t order recovery after quashing appointment

      SC Judgment dated 01.11.2013 - Central Electricity Supply Utility of Odisha Vs. Dhobei Sahoo & Ors. (316.0 KiB, 4,124 hits)

    No recovery of overpayment of salary in higher scale if there was no misrepresentation made by the appellant/employee

      SC Judgment dated 16.12.2008 - Syed Abdul Qadir & Ors. Vs. State of Bihar & Ors. (163.4 KiB, 4,590 hits)

      SC Judgment dated 19.09.1994 - Sahib Ram Vs. State of Haryana and Ors. (11.0 KiB, 741 hits)

    — Hon’ble SC has summarized 5 situations, “wherein recoveries by the employers, would be impermissible in law.”

      SC Judgment dated 18.12.2014 - State of Punjab and other etc. Vs. Rafiq Masih (White Washer) etc. (212.2 KiB, 6,808 hits)

    Reinstatement

    – Salary

      SC judgement dated 22.08.2012 - R.S. Misra Vs. Union of India and Others (177.9 KiB, 1,969 hits)

    Reopening of the inquiry qua charge sheet after 30 years or so would not serve any purpose

      SC Judgment dated 29.01.2014 - State of Maharashtra Vs. Vijay Kumar Aggarwal & Anr. (186.1 KiB, 3,574 hits)

    Reservation  

    — Benefit on Reconversion

      SC Judgment dated 26.02.2015 - K.P. Manu Vs. Chairman, Scrutiny Committee for Verification of Community Certificate (331.3 KiB, 7,844 hits)

    — Caste Certificate/False Caste Claim 

      SC Judgement dated 06.07.2017 - Chairman and Managing Director FCI and Ors. Vs. Jagdish Balaram Bahira and Ors. (497.6 KiB, 2,224 hits)

      SC Judgement dated 08.11.2012 - Ayaaubkhan Noorkhan Pathan Vs. State of Maharashtra & Ors (324.2 KiB, 956 hits)

    — DOPT O.M. No. 36012/23/96-Estt.(Res) dated 22.7.1997 regarding lower qualifying marks, lesser standard of evaluation for SC/ST candidates for reservation in promotion is declared illegal.

      SC Judgment dated 15.07.2014 - Rohtas Bhankhar & Others Vs. Union of India and Another (201.2 KiB, 5,255 hits)

    Reservation for Jats Quashed

      SC Judgment dated 17.03.2015 - Ram Singh & Ors. Vs. Union of India (365.7 KiB, 8,163 hits)

    — Reservation in Promotion from Scale-I to Scale-II and upward up to Scale-VI in Public Sector Banks

      SC Judgment dated 08.01.2016 - Chairman & Managing Director, Central Bank of India & Ors. Vs. Central Bank of India SC/ST Employees Welfare Association & Ors. (286.3 KiB, 3,040 hits)

      SC Judgement dated 09.01.2015 - Chairman & Managing Director, Central Bank of India & Ors. Vs. Central Bank of India SC/ST Employees Welfare Association & Ors. (325.0 KiB, 12,009 hits)

    — Reservation for PWDs and Other Judgements

    Three percent reservation to PWD in all IDENTIFIED POSTS in Group A and Group B, irrespective of the mode of filling up of such posts

      SC Judgment dated 30.06.2016 - Rajeev Kumar Gupta & Others Vs. Union of India & Others (328.0 KiB, 1,882 hits)

      SC Order dated 12.09.2014 - Union of India and Others Vs. National Confederation for Develoopment of Disabled & Anr. (259.1 KiB, 5,318 hits)

      SC Judgment dated 08.10.2013 - Union of India & Ors. Vs. National Federation of the Blind & Ors. (330.9 KiB, 3,743 hits)

      SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 4,534 hits)

      Supreme Court judgment dated 13.12.1999 - Indira Sawhney Vs. UOI (84.2 KiB, 947 hits)

      Supreme Court judgment dated 10.2.1995 - R.K. Sabharwal & Ors. Vs. State of Punjab & Ors (34.6 KiB, 1,726 hits)

    — Reservation for SCs/STs in promotion

      SC Judgment dated 11.03.2016 - Suresh Chand Gautam Vs. State of Uttar Pradesh & Ors. (287.6 KiB, 898 hits)

    Reservation for Transgender Persons

      SC Judgment dated 15.04.2014 - National Legal Services Authority Vs. Union of Indian and others (525.2 KiB, 5,987 hits)

    Scruting Committee

      SC Judgement dated 08.11.2012 - Ayaaubkhan Noorkhan Pathan Vs. State of Maharashtra & Ors (324.2 KiB, 956 hits)

    — Others

      SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 4,534 hits)

      Supreme Court judgment dated 13.12.1999 - Indira Sawhney Vs. UOI (84.2 KiB, 947 hits)

      Supreme Court judgment dated 10.2.1995 - R.K. Sabharwal & Ors. Vs. State of Punjab & Ors (34.6 KiB, 1,726 hits)

    Res Judicata

      SC Judgment dated 11.02.2015 - Krishna Hare Gaur Vs. Vinod Kumar Tyagi & Ors. (188.4 KiB, 4,100 hits)

    Retirement Age

      SC Judgment dated 24.09.2014 - Union of India & Ors. Vs. Atul Shukla etc. (321.4 KiB, 4,143 hits)

    Second Marriage

      SC Judgment dated 09.02.2015 - Khursheed Ahmad Khan Vs. State of U.P. & Ors. (207.4 KiB, 8,410 hits)

    Seniority – Ad Hoc Service

      SC judgement dated 22.08.2012 - State of Haryana & Others Vs. Vijay Singh and Others (65.3 KiB, 2,560 hits)

    Sexual Harassment at Workplace

      SC Judgment dated 18.12.2014 - Additional District and Sessions Judge 'X' Vs. Registrar General, High Court of Madhya Pradesh and others (378.3 KiB, 6,436 hits)

      SC Judgment dated 19.10.2012 - Medha Kotwal Lele and others Vs. Union of India and others (265.9 KiB, 878 hits)

    Simultaneous Proceedings — An employee, sacked following disciplinary proceedings, cannot seek reinstatement as a “matter of right” after acquittal from a criminal court on the same charges 

      SC Judgement dated 28.11.2013 - State of West Bengal & Ors. Vs. Sankar Ghosh (184.7 KiB, 4,883 hits)

    Suspension — “… the currency of a Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/Chargesheet is not served on the delinquent officer/employee; if the Memorandum of Charges/Chargesheet is served a reasoned order must be passed for the extension of the suspension.”

      SC Judgment dated 16.02.2015 - Ajay Kumar Choudhary Vs. Union of India & Anr. (231.4 KiB, 7,399 hits)

    Termination

      SC Judgment dated 13.01.2015 - Jasmer Singh Vs. State of Haryana & Anr. (196.1 KiB, 8,444 hits)

    Transparency in Services (Minimum fixed tenure, recording of oral directions, etc.)

      SC Judgment dated 31.10.2013 - T.S.R. Subramanian & Ors. Vs. Union of India & Ors. (290.3 KiB, 5,081 hits)

    Unauthorized Absence

    — Unauthorised Absence

      SC Judgment dated 15.02.2012 - Krushnakant B. Parmar Vs. Union of India & Anr. (163.4 KiB, 1,602 hits)

    Unauthorised Absence on Medical Grounds 

      SC Judgment dated 07.07.2014 - Chhel Singh Vs. M.G.B. Gramin Bank Pali & Ors (134.3 KiB, 3,456 hits)

    Unconditional Apology

      SC Judgment dated 29.07.2013 - Lucknow K. Gramin Bank (Now Allahabad, UP Gramin Bank) & Anr. Vs. Rajendra Singh (217.8 KiB, 859 hits)

    VRS

    Pension relief for all the other employees who have availed SBI-VRS 2000 after having completed 15 years of pensionable service

      SC Judgment dated 26.02.2015 - Asstt. General Manager, State Bank of India & Others Vs. Radhey Shyam Pandey (652.0 KiB, 4,056 hits)

    Withdrawal of Voluntary Retirement 

      SC Judgment dated 22.07.2008 - Director General ESIC & Anr. Vs. Puroshottam Malani (69.4 KiB, 3,460 hits)

    Others/UncategorizedJudges can recall orders passed in open courts

      Supreme Court' Order dated 06.05.2014 - Kushalbhai Ratanbhai Rohit & Ors. Vs. State of Gujarat (237.1 KiB, 2,901 hits)

    Uncategorized

      SC Judgement dated 19.08.2011 - State of UP & Ors. Vs. Luxmi Kant Shukla (149.9 KiB, 1,057 hits)

      SC judgement dated 01.03.2011 - State Bank of Bikaner & Jaipur Vs. Nemi Chand Nalwaya (51.3 KiB, 1,345 hits)

      SC judgement dated 27.08.2010 - Union of India & anr. vs. Bhaskarendu Datta Majumdar (118.7 KiB, 3,055 hits)

      SC judgement dated 18.08.2010 - Union of India & ors. vs. P.C. Ramakrishnayya (152.7 KiB, 2,178 hits)

      SC Judgement dated 13.08.2010 - State of M.P. vs. Harishankr Bhagwan Tripathi (93.7 KiB, 1,547 hits)

      SC Judgement dated 12.08.2010 - M.A.A. Annamalai vs. State of Kerala & another (158.4 KiB, 1,594 hits)

      SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 4,534 hits)

      SC Judgment dated 19.12.2008 - Roop Singh Negi Vs. Punjab National bank & Ors. (128.8 KiB, 1,783 hits)

      SC Judgment dated 29.10.1971 - Union of India Vs. Sardar Bahadur (34.2 KiB, 1,569 hits)


    ——————————————————————————————-

    TRANGENDER (TG) COMMUNITY Hon’ble Supreme Court has, inter alia, directed the Centre and the State Governments to take steps to treat transgender persons as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.

      SC Judgment dated 15.04.2014 - National Legal Services Authority Vs. Union of Indian and others (525.2 KiB, 5,987 hits)

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