Supreme Court of India Judgements

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Constitution

Decoding the Tribunal Judgment

Bysclaw

Nov 15, 2019

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By sclaw

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Constitution

Land Development Regulations — Open Space Reservation (OSR) charges — Exemptions for certain plot sizes — Attempt to notionally recombine earlier parent estate with a smaller subdivided plot to impose charges rejected as contrary to fact and regulation text.

Oct 11, 2025 sclaw
Constitution Service

Constitution of India, 1950 — Article 233(2) — Appointment of District Judges — Eligibility for in-service candidates — Clause (2) not prescribing qualifications for those already in judicial service — Such candidates not barred from direct recruitment — Interpretation to the contrary renders first part of Clause (2) redundant.

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Constitution

Surrogacy (Regulation) Act, 2021 — Section 4(iii)(c)(I) — Age-restriction for intending couples — Retrospective application — Intending couples who commenced surrogacy procedures (including embryo creation and freezing) before the Act’s commencement date (25.01.2022) are not subject to the age-restrictions under Section 4(iii)(c)(I). The Act, unless expressly or by necessary implication made retrospective, is presumed to be prospective. The commencement of freezing embryos signifies a vested right and a crystallized intention, preventing subsequent age-bar imposition from frustrating the process.

Oct 11, 2025 sclaw

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Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand.

Oct 12, 2025 sclaw
Evidence Act

Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility.

Oct 12, 2025 sclaw
Anticipatory Bail Corruption

Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.

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Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence.

Oct 12, 2025 sclaw