Supreme Court of India Judgements

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Category: Constitution

Constitution

Constitution of India, 1950 – Article 30 – management of any registered minority Secondary School receiving Grant-in-Aid from the State-Government, then such school would not be entitled to receive any grant in respect of the expenditure incurred for continuing such employee or teacher beyond the age of 58 or 60 years

Feb 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF GUJARAT AND OTHERS — Appellant Vs. H.B. KAPADIA EDUCATION TRUST AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Bela…

Constitution

Delimitation of Assembly and Parliamentary Constituencies – Article 170 will have no application as it forms a part of Chapter III of Part VI which deals with only the State Legislature – It has no application to the Legislatures of Union Territories HELD argument that certain provisions of the J&K Reorganisation Act and actions taken thereunder are in conflict with Article 170 and in particular Clause (3) thereof is clearly misconceived and deserves to be rejected.

Feb 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HAJI ABDUL GANI KHAN AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Abhay…

Constitution

Constitution of India, 1950 – Article 14 and 300A – Development Control Rules – Rule 19 – Building bye Laws – Articles 14 and 300A of the Constitution are not violated by the requirement to reserve 10% of land for open space – It does not amount to compulsory acquisition – Areas covered by the Open Space Regulation area (OSR) cannot be diverted for any other purpose

Feb 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASSOCIATION OF VASANTH APARTMENTS’ OWNERS — Appellant Vs. V. GOPINATH AND OTHERS — Respondent ( Before : K.M. Joseph and Pamidighantam Sri Narasimha, JJ.…

Constitution

HELD whether the protection can be given by Article 26(b) to the practice of ex-communication is to be tested on the touchstone of the concept of Constitutional morality as the said right is subject to morality. This is an important and emergent issue. These are the two main grounds on which the said decision may need reconsideration by a larger Bench. Writ petition tagged to 9 judge bench.

Feb 16, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH CENTRAL BOARD OF DAWOODI BOHRA COMMUNITY AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Sanjay Kishan…

Constitution

While exercising power of judicial review cannot issue a writ of certiorari quashing the recommendation, or mandamus calling upon the Collegium of the Supreme Court to reconsider its decision – To do so would violate the law as declared, as it would amount to evaluating and substituting the decision of the Collegium, with individual or personal opinion on the suitability and merits of the person

Feb 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANNA MATHEWS AND OTHERS — Appellant Vs. SUPREME COURT OF INDIA AND OTHERS — Respondent ( Before : Sanjiv Khanna and B.R. Gavai, JJ.…

Constitution

Motor Vehicles Act 1988 – Section 93 – Aggregation Licence – In terms of the first proviso to Section 93(1), the State Government, while issuing a licence to an aggregator, “may follow” the guidelines issued by the Central Government – Section 96 confers a rule making power on the State Government for implementing the provisions of Chapter V.

Feb 14, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH ROPPEN TRANSPORTATION SERVICES PRIVATE LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., Pamidighantam…

Constitution

HELD Permitting a candidate to contest from more than one seat in a Parliamentary election or at an election to the State Legislative Assembly is a matter of legislative policy – It is a matter pertaining to legislative policy since, ultimately, Parliament determines whether political democracy in the country is furthered by granting a choice

Feb 9, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH ASHWINI KUMAR UPADHYAY — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., Pamidighantam Sri Narasimha…

You missed

Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw