Esheria India Case Law
Sign in
India Source-linked decisions Coverage checked

India Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Search and filter India case law

Results update automatically as you type.

India decisions

Decisions matching the current search

Clear filters
Constitutional law

GOVERNMENT OF NCT OF DELHI versus UNION OF INDIA

Article 239AA must be read to confer on NCTD legislative and executive power over entries in the State List and Concurrent List "insofar as" they are applicable to Union Territories, subject only to the express exclusions in Article 239AA(3)(a); applying s.3(58) of the General Clauses Act and constitutional principles, Part XIV and Entry 41 (services) are applicable to NCTD; accordingly NCTD has legislative and co-extensive executive control over "services" under Entry 41 of List II except insofar as such services relate to public order, police, or land; references to "State Government" in re…

Source excerpt

  • Article 239aa
  • Entry 41 state list (services)
  • Article 309 proviso (rule making)
  • Part xiv applicability to union territories
  • Lieutenant governor powers and aid and advice
  • All-india services and joint cadre rules
Read case analysis
Pension law

SHRI RAM SHRIDHAR CHIMURKAR versus UNION OF INDIA & ANR.

For the purpose of family pension under Rule 54(14)(b) CCS (Pension) Rules, 'adoption' is limited to adoptions made by the government servant during his/her lifetime; a child adopted by the widow after the government servant's death lacks the required direct nexus and dependency with the deceased and thus is not within 'family' entitled to family pension. Accordingly the appellant is not entitled to family pension.

Source excerpt

  • Family pension
  • Adoption
  • Hindu adoptions and maintenance act, 1956
  • Ccs (pension) rules r.54(14)(b)
  • Interpretation of 'family'
Read case analysis
Criminal law

L. NARAYANA SWAMY versus STATE OF KARNATAKA & ORS.

Sanction under Section 19(1) of Prevention of Corruption Act is only necessary for prosecution where the public servant holds the same office alleged to have been misused at time of taking cognizance. If the public servant holds a different office or has ceased to hold the office, no sanction is needed. Proceedings cannot be quashed at this stage and are to be judged on evidence.

Source excerpt

  • Sanction for prosecution
  • Public servant misconduct
  • Quashing of proceedings
  • Section 19(1) prevention of corruption act
  • Section 156(3) crpc
  • Section 482 crpc
Read case analysis
Constitutional law

T.S.R. SUBRAMANIAN & ORS. versus UNION OF INDIA & ORS.

In absence of statutory Civil Services Boards comprised of independent persons, the Centre, States, and Union Territories are directed to constitute Boards with high-ranking serving officers to guide on service matters. Directions are issued for fixed minimum tenure of civil servants and mandatory recording of all oral instructions/orders, to ensure transparency, accountability, and protection under the Right to Information Act.

Source excerpt

  • Civil service boards
  • Tenure of civil servants
  • Recording of oral orders
  • Right to information
Read case analysis
Constitutional law

STATE OF KARNATAKA versus KUMARI GOWRI NARAYANA AMBIGA ETC.

Special Rules providing appointment to Class III posts only for Scheduled Castes, Scheduled Tribes, and Backward Tribes, without undergoing selection process, are violative of Article 16(1) and Article 335 as they do not maintain standards of efficiency and lack merit-based selection.

Source excerpt

  • Reservation in recruitment
  • Equality of opportunity
  • Efficiency in public services
Read case analysis
Contempt of court

MOHD. IQBAL KHANDAY versus ABDUL MAJID RATHER

Contempt proceedings should not enforce compliance with a court order impossible to implement. Courts must maintain dignity but cannot insist on obedience to non-implementable orders. The High Court was not justified in directing the Additional Advocate-General not to defend the appellant but only assist the court. The appellant should have taken prompt appellate steps and tender unconditional apology for lapses.

Source excerpt

  • Promotion in public service
  • Interim orders
  • Compliance with court orders
  • Contempt proceedings
Read case analysis
Civil service law

FEDERATION OF DIRECTLY APPOINTED OFFICERS OF INDIAN RAILWAY.ANO OL'HERS EJC. ETC. versus UNION OF INDIA AND ORS.

The principles of res judicata, including constructive res judicata, bar the re-agitation of the matters settled in Katyani Dayal's case regarding classification, seniority, and absorption of temporary Assistant Officers in the Indian Railway Service of Engineers. The rule of giving weightage of half the length of service (subject to a maximum of five years) to absorbed temporary officers is reasonable and was previously approved. Any further challenge would unsettle a settled position, which is neither just nor desirable.

Source excerpt

  • Seniority
  • Absorption of temporary officers
  • Service classification
  • Equal pay for equal work
  • Res judicata
  • Constructive res judicata
Read case analysis
Civil service law

UNION OF INDIA versus KEWAL KUMAR

If a decision to initiate disciplinary proceedings based on an FIR is taken before the D.P.C. meeting, even if the charge sheet is issued afterwards, the sealed cover procedure is properly attracted to avoid promotion unless exonerated.

Source excerpt

  • Promotion in civil service
  • Sealed cover procedure
  • Disciplinary proceedings
  • Application of government guidelines
Read case analysis
Civil service law

KKM NAIR AND ORS. versus UNION OF INDIA AND ORS.

Civil Appeal No. 441/81 (Virendra Kumar v. Union of India) wrongly granted promotional benefits based on executive instructions superseded by later circular and not in consonance with statutory rules. Affected persons not party to earlier litigation cannot be bound by those judgments; Tribunal order setting aside ante-dated seniority is in conformity with law as laid down in Paluru Ramkrishnaiah's case.

Source excerpt

  • Seniority
  • Promotion
  • Service rules
  • Administrative tribunal appeals
Read case analysis
Constitutional law

STATE OF GUJARAT versus A.C. SHAH AND OTHERS

Since relevant facts and statutory rules were not placed before the High Court, its decision striking down the 2:1 ratio and qualifying service disparity was unsustainable; therefore, the case is remanded for reconsideration with directions for the writ petitioners to prove unfairness or violation of Article 14 in the 1978 Rules.

Source excerpt

  • Article 14
  • Promotion criteria
  • Cadre bifurcation
  • Quota rule
Read case analysis

About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.