Supreme Court of India Judgements

46735 Judgements hosted as on 16/02/2025 - Search (FREE), Subscribe, Read & Download

Month: April 2023

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Once there shall be no deemed lapse of acquisition under Section 24(2) of the Act, 2013, the original writ petitioner shall not be entitled to the compensation as per the Act, 2013.

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL CAPITAL TERRITORY OF DELHI AND OTHERS — Appellant Vs. SUBHASH CHANDER KHATRI AND OTHERS — Respondent ( Before : M.R. Shah and C.T.…

Cr P C

Prevention of Money-laundering Act, 2002 – Section 65 – Transfer of case – An order under Section 167(2) of the Code had to be passed necessarily by the Magistrate “to whom an accused person is forwarded” – In fact, Section 167(2) contains the words “whether he has or has not jurisdiction to try the case” – Transfer petition dismissed.

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KA RAUF SHERIF — Appellant Vs. DIRECTORATE OF ENFORCEMENT AND OTHERS — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Transfer…

Corruption

HELD No accused can be permitted to play with the investigation and/or the courts process. No accused can be permitted to frustrate the judicial process by his conduct – by not permitting the CBI to have the police custody interrogation for the remainder period of seven days, it will be giving a premium to an accused who has been successful in frustrating the judicial process.

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. VIKAS MISHRA @ VIKASH MISHRA — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Preventive Detention

In cases where illegible documents have been supplied to the detenue, a grave prejudice is caused to the detenue in availing his right to send a representation to the relevant authorities, because the detenue, while submitting his representation, does not have clarity on the grounds of his or her detention- no man can defend himself against an unknown threat – Detention order is liable to be set aside – Appeal allowed.

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAMOD SINGLA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Krishna Murari and V. Ramasubramanian, JJ. ) Criminal Appeal…

Constitution

Petition against “unnecessary hysterectomies” were carried out under the Rashtriya Swasthya Bima Yojana as well as other government schemes related to healthcare. HELD all the States and Union Territories must take stringent action for blacklisting hospitals once it is detected that any unnecessary hysterectomy was carried out or that the procedure was taken recourse to without the informed consent of the patient. We direct that necessary action be taken in accordance with law.

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR NARENDRA GUPTA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and J.B. Pardiwala,…

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C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw
Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw
Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw
Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw