Supreme Court of India Judgements

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Constitution

Contempt–The Majesty of the Court and the Rule of Law can never be maintained unless Supreme Court ensures meticulous compliance of its orders.

Bysclaw

Apr 8, 2017

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By sclaw

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Constitution Service

Service Law — Employment — Caste Certificate — The court cannot question the validity of caste certificates issued by the competent authority after following the due process of law, even if the caste is later de-scheduled or de-notified – The court cannot alter or amend the Presidential Orders issued under Articles 341 and 342 of the Constitution of India, as it has no power to do so within the meaning, content, and scope of these articles.

Aug 29, 2024 sclaw
Advocates Act Constitution

Advocates Act, 1961 — 24(1)(f) — Enrolment fees and miscellaneous charges levied by State Bar Councils (SBCs) for the admission of advocates — The petitioner challenges the SBCs’ practice of charging fees in excess of the statutory limit prescribed in Section 24(1)(f) of the Act, 1961 —Whether SBCs can charge enrolment fees beyond the express legal stipulation under Section 24(1)(f) of the Advocates Act? — Whether the SBCs’ practice of charging additional fees violates the Constitution? — The enrolment fees charged by SBCs exceed the statutory limit prescribed in Section 24(1)(f) of the Advocates Act —The additional fees charged by SBCs violate Articles 14 and 19(1)(g) of the Constitution — The Court held that Section 24(1)(f) prescribes the enrolment fee, and SBCs cannot charge additional fees beyond this limit —The court reasoned that charging excessive fees creates entry barriers for marginalized and economically weaker sections, violating the principle of substantive equality — The court clarified that all fees charged at the time of enrolment must be construed as part of the enrolment fee and cannot exceed the statutory limit.

Aug 18, 2024 sclaw
Constitution

Constitution of India, 1950 — Article 239AA(4) —Delhi Municipal Corporation Act, 1957 — Section 3(3)(b)(i) — The Supreme Court dismissed a writ petition challenging the Delhi Lieutenant Governor’s power to nominate persons with special knowledge in municipal administration to the Delhi Municipal Corporation (DMC) — The court held that the power of nomination under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957, as amended in 1993, is a statutory duty vested in the Lieutenant Governor and not the executive power of the Government of NCT Delhi — The court also clarified that the Lieutenant Governor is not bound by the aid and advice of the Council of Ministers in exercising this power — The court added two principles to the relations between the Union and NCT Delhi, stating that the power of nomination was incorporated to reflect the constitutional changes in the NCT Delhi’s structure and that the Lieutenant Governor is intended to act as per the mandate of the statute, not guided by the Council of Ministers’ advice.

Aug 18, 2024 sclaw

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Consumer

The flat was purchased for the personal use of one of its directors and his family — The appellant created confusion by double allotment of the flat and unfairly forfeited the deposited amount —The NCDRC ruled in favor of the respondent, directing the appellant to refund the deposited amount with interest — The Supreme Court upheld this decision —The respondent was considered a consumer as the flat was for personal use — The appellant’s actions were deemed deficient and unfair due to the double allotment and premature cancellation —

Aug 29, 2024 sclaw
Anticipatory Bail Bail Granted

Anticipatory bail — Cancellation of — The appellant had his anticipatory bail cancelled without notice due to failure to plant saplings —Whether the cancellation of anticipatory bail without notice was justified The Supreme Court set aside the impugned order and allowed the appeal, granting additional time to plant 500 trees —The anticipatory bail granted to is revived, and he must deposit the cost of saplings with the Forest authorities.

Aug 29, 2024 sclaw
Anticipatory Bail Bail Granted

Penal Code, 1860 (IPC) — Sections 420 and 34 — Nature of Offence —The Court’s decision to grant bail in a case involving Sections 420 and 34 IPC indicates that while these sections pertain to serious offenses (cheating and criminal conspiracy, respectively), bail may still be granted if the circumstances of the case, such as the nature of the transaction and the relationship between the parties, warrant it.

Aug 29, 2024 sclaw
Tenders & Contracts

Power Purchase Agreement (PPA) — PPA between Bangalore Electricity Supply Company Limited, and the Hirehalli Solar Power Project LLP — The respondent sought an extension of the scheduled commissioning date (SCD) under the force majeure clause of the PPA due to delays in obtaining necessary approvals and licenses —The Karnataka Electricity Regulatory Commission (KERC) rejected the force majeure claim, but the Appellate Tribunal for Electricity (APTEL) reversed the decision, finding that the delay was not attributable to the respondent and that the force majeure clause was applicable — The Supreme Court agreed with the APTEL’s findings and dismissed the appeals — The court also rejected the appellant’s contention that the APTEL’s direction to pay late payment surcharge to the respondent was unjustified, as it was rooted in the PPA and in furtherance of the intention of the parties.

Aug 29, 2024 sclaw