Constitution Archives - Page 16 of 70 - Supreme Court of India Judgements

May 15, 2025 5:05 am

Right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution of India – During the pendency of the investigation, supplementary chargesheets were filed by the Investigation Agency just before the expiry of 60 days – Interim order of bail is upheld.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RITU CHHABARIA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Krishna Murari and C. T. Ravikumar, JJ. ) Writ…

Constitution

Clarification of order – Applicant cannot be permitted to seek clarification of the order by way of an intervention as the same is a matter to be considered by the concerned court, where the proceedings in respect of the applicant is pending.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUKUL AGARWAL AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Krishna Murari and Ahsanuddin Amanullah, JJ.…

Constitution

Clarification of order – Applicant cannot be permitted to seek clarification of the order by way of an intervention as the same is a matter to be considered by the concerned court, where the proceedings in respect of the applicant is pending.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VIJAY KUMAR GHAI AND OTHERS — Appellant Vs. STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : Krishna Murari and Ahsanuddin Amanullah,…

Constitution Stamp Act

Stamp Act, 1899 – Section 31, 32 and 47A – Adjudication of the stamp duty – When a sale deed is presented for registration, the registering authority must ascertain the correct market value of the property subject matter of the document on the date of execution of the document – Stamp duty is payable on the basis of such market value and not on the consideration mentioned in the document – Relevant market value is the one which prevails on the date of execution of the conveyance –

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHANTI BHUSHAN (D) THR. LR. AND OTHERS — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Abhay S. Oka and…

C P C Constitution

HELD appellants specifically sought liberty to file a case afresh if the need arose. The mere absence of the mention of such liberty in the dismissal order cannot be taken to be a refusal of such prayer by the High Court upon application of mind. There is no indication to that effect in the order itself. Set aside

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ALI HUSSAIN ISHAQ ALI VOHRA AND OTHERS — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay…

Constitution Prevention of Money Laundering

HELD money laundering poses a serious threat not only to the financial systems of the countries but also to their integrity and sovereignty. Hence any lenient view in dealing with such offences would be a travesty of justice – that non-production of the relevant documents especially the documents in respect of which the relief is sought, along with the SLPs could be the sole ground for rejection of the SLPs at the outset.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANOOP BARTARIA AND ETC. — Appellant Vs. DY. DIRECTOR ENFORCEMENT DIRECTORATE AND ANOTHER — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi,…

Constitution

Registration of migrants/unorganized workers on eShram portal – being a welfare State, it is the duty of the concerned State/UT to see that the remaining registrants on eShram, who are still not registered on ration card data and who are not issued the ration cards, they are issued ration cards and the exercise for issuance of ration cards is required to be expediated

Apr 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH IN RE PROBLEMS AND MISERIES OF MIGRANT LABOURERS ( Before : M.R. Shah and Ahsanuddin Amanullah, JJ. ) M.A. No. 94 of 2022 In…

Constitution

Lawyers’ Strikes – No member of the Bar can go on strike and/or abstain himself from court working – High Courts to constitute Grievance Redressal Committee in their respective High Courts which may be headed by the Chief Justice

Apr 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DISTRICT BAR ASSOCIATION DEHRADUN — Appellant Vs. ISHWAR SHANDILYA AND OTHERS — Respondent ( Before : M.R. Shah and Ahsanuddin Amanullah, JJ. ) M.A.…

Constitution Registration Act

Lease deed was to be compulsorily registered under Section 17 of the Registration Act, 1908, it cannot open to be altered or amend by the High Court in exercise of its jurisdiction under Article 226 of the Constitution.

Apr 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GWALIOR DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. BHANU PRATAP SINGH — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. )…

Constitution Matrimonial

Irretrievable breakdown of marriage – Husband and wife had lived together only for 40 days – It takes time to settle down in marriage – Petition dismissed.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELMA LUBNA COELHO — Appellant Vs. EDMOND CLINT FERNANDES — Respondent ( Before : Rajesh Bindal and Aravind Kumar, JJ. ) Transfer Petition (C)…

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C P C Registration Act

An unregistered agreement of sale is admissible as evidence of the contract in a specific performance suit, under the proviso to Section 49, Registration Act.

May 14, 2025 sclaw

Cr P C

Prosecution for obstructing public servant (S.186 IPC) requires mens rea and compliance with S.195 Cr.PC; absence renders proceedings an abuse of process.

May 14, 2025 sclaw

Constitution Contempt

Freedom of Speech and Expression — Open Justice — Subjudice Principle — Contempt of Court – Such a direction, being a form of prior restraint, must satisfy twin tests of necessity and proportionality, applicable only in cases of real and substantial risk of prejudice to fairness of trial or proper administration of justice — Courts must be open to public observations, debates, and constructive criticism, even on subjudice matters, as open justice instills faith and checks judicial caprice

May 14, 2025 sclaw

Acquittal

Hostile witnesses — Effect — When a large number of witnesses, including eyewitnesses, turn hostile, prosecution case often collapses for want of evidence — While reasons for hostility can be varied (coercion, fear, monetary consideration, etc.), it cannot automatically lead to conviction based on prior S. 161 statements or IO’s testimony about such statements, as these are not substantive evidence — Court’s consternation at collapse of a serious case due to witness hostility cannot be a reason to convict on insufficient or inadmissible evidence, amounting to a moral conviction anathema to criminal jurisprudence.

May 13, 2025 sclaw

Category: Constitution

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