Supreme Court of India Judgements

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Category: Constitution

Constitution

What are the contours of the power of Parliament to enact a law under Article 239-AA(7) and Whether Parliament in the exercise of its power under Article 239-AA(7) can abrogate the constitutional principles of governance for National Capital Territory of Delhi (NCTD) – Substantial question of law – Reference to a Constitution Bench.

Jul 23, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud,…

Constitution

Even if there is no period prescribed for filing the writ petition under Article 226 of the Constitution of India, yet it should be filed within a reasonable time – Relief to a person, who puts forward a stale claim can certainly be refused relief on account of delay and laches – Anyone who sleeps over his rights is bound to suffer.

Jul 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ORISSA AND ANOTHER — Appellant Vs. LAXMI NARAYAN DAS (DEAD) THR. LRS AND OTHERS — Respondent ( Before : Abhay S. Oka…

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,…

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POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw
Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw
Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw
Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw