Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Category: Constitution

Constitution

It is not at the sweet-will of the Government that the extensions can be granted to the incumbents in the office of the Director of CBI/Director of Enforcement – It is only on the basis of the recommendations of the Committees which are constituted to recommend their appointment and that too when it is found in public interest and when the reasons are recorded in writing, such an extension can be granted by the Government.

Jul 19, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH DR. JAYA THAKUR — Appellant Vs. UNION OF INDIA & OTHERS — Respondent ( Before : B.R. Gavai, Vikram Nath and Sanjay Karol, JJ.…

Constitution

Constitution of India, 1950 – Article 141 – where no reason was assigned by the Court while dismissing the matter and where leave was not granted in the said Special Leave Petition, the said dismissal would not be considered as laying down law within the ambit of Article 141 – such dismissal of Special Leave Petition by way of a non-speaking order does not attract the doctrine of merger.

Jul 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH S. NARAHARI AND OTHERS — Appellant Vs. S.R. KUMAR AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay Karol, JJ. ) Civil…

Constitution

The right to enjoy possession of any land notified under Section 4 is not only limited to Adivasi communities and other forest dwelling communities, but is also based on proof of residence, date of original possession, etc – If the right to inhabit the said lands is not restricted only to certain communities, how can the right to be heard on such claims be restricted to the same.

Jul 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARI PRAKASH SHUKLA AND OTHERS — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Krishna Murari and Ahsanuddin…

Constitution

Pet-coke is cheaper and burns hotter than coal and is, therefore, used as a fuel, for several industrial uses – HELD the clarification of APPCB, that as on a particular date, the production capacity was 3,30,000 MTPA was of no consequence, because it was the CTO that was considered all along, in all previous meetings – High Court rightly set aside the minutes of the meeting as well as the decision of the Central Government allocating pet-coke – Appeal dismissed.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. SANVIRA INDUSTRIES — Appellant Vs. RAIN CII CARBON (VIZAG) LTD. AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta,…

Constitution Election Laws

HELD In order to ensure the purity of the election process it was thought by our Constitution- makers that the responsibility to hold free and fair elections in the country should be entrusted to an independent body which would be insulated from political and/or executive interference.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF WEST BENGAL AND OTHERS — Appellant Vs. SUVENDU ADHIKARI AND OTHERS — Respondent ( Before : B.V. Nagarathna and Manoj Misra,…

Constitution

Division Bench to ensure giving appropriate opportunity and time to the appellants to make submissions before the Division Bench and thereafter appropriate orders may be passed as the Division Bench may deem fit after hearing learned counsel for the appellants – Appeal allowed.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GREATER MALWA PARAMEDICAL COLLEGE — Appellant Vs. THE STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah,…

Service Matters
Constitution Service

Punjab Civil Services Rules, 1934 – Rule 3.26(d) – Punjab Police Rules, 1934 – Rule 8.18 – Compulsory retirement – Personnel having such remarks being compulsorily retired as per the statutory provisions under the Punjab Civil Services Rules, 1934, in the instant facts, is not an action this Court would like to interdict.

Jul 11, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AISH MOHAMMAD — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent; R1: STATE OF HARYANA; R2: DIRECTOR GENERAL OF POLICE (HARYANA), PANCHKULA; R3:…

You missed

C P C

A party should not suffer due to the negligence of their counsel, and a restoration application under Order IX Rule 13 of the CPC can serve as an application for condonation of delay if it explains the reasons for the delay, so that courts should focus on the merits of a case rather than being hindered by procedural technicalities A. Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — An application under Order 9 Rule 13 can also serve as an application for condonation of delay — The court cites Bhagmal and Ors Vs. Kunwar Lal and Others, to support its finding that where the delay in filing an application under Order 9 Rule 13 of the CPC is explained within the application itself, there is no need for a separate application for condonation of delay — The court emphasizes that the procedure is a handmaid of justice, and hyper-technical interpretations of rules should not stand in the way of achieving a just outcome.

Dec 28, 2024 sclaw
Anticipatory Bail

Anticipatory bail should not be granted routinely, especially in serious offenses like murder, and that courts must consider the severity of the charges, the evidence, and the materials on record, including the charge sheet Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court’s decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant’s nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence, including the charge sheet which stated that the case against the accused persons was found to be true — The Supreme Court directed the respondents to surrender to the trial court and apply for regular bail, to be considered on its merits — The Supreme Court’s decision underscores the importance of a thorough review of case details and allegations before granting anticipatory bail, especially in cases of serious crimes.

Dec 28, 2024 sclaw
Service

Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants’ continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their work was perennial and fundamental, requiring their classification as regular posts — The court also found that the appellants’ abrupt termination was unjustified and violated principles of natural justice, and the argument against their regularization based on educational qualifications was untenable — The court noted discriminatory practices as other employees with similar or shorter service had been regularized — The court clarified that the Uma Devi judgment was not intended to penalize employees who have served long years in essential roles and that “irregular” appointments should be considered for regularization, especially when they are not “illegal” and the employees have served continuously against sanctioned functions.

Dec 28, 2024 sclaw
Child Custody Matrimonial

For best interest and welfare of the child are the paramount considerations when determining visitation rights A. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child’s health and well-being must not be compromised in the process of adjudicating parental rights. B. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Both parents have a right to the care, company, and affection of their child — However, this right is not absolute and must be balanced with the need to protect the child’s welfare — In this case, the court acknowledges the father’s right to visit his daughter but ensures that these visits do not negatively impact the child. C. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Matrimonial disputes and serious allegations between parents should not impede a child’s right to the care and company of both parents — The court separates the child’s welfare from the conflict between the parents. D. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Visitation arrangements must not cause undue hardship to the child — The court modified the High Court’s order, which required the child to travel 300 kilometers every Sunday, as it was deemed detrimental to the child’s health and well-being. E. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The location for visitation must be convenient and in the best interest of the child — The court changed the visitation location from Karur to Madurai, which is closer to the child’s residence, in order to prioritize the child’s comfort and convenience. F. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Supervised visitation may be necessary, especially for young children — The court directed that the father’s visits should occur in a public place, with the mother present (though at a distance), due to the child’s young age and unfamiliarity with the father.

Dec 28, 2024 sclaw