Constitution Archives - Page 17 of 69 - Supreme Court of India Judgements

March 14, 2025 11:01 am

Media One case – while public interest immunity claims conceivably impact the principles of natural justice, sealed cover proceedings infringe the principles natural justice and open justice;

Apr 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MADHYAMAM BROADCASTING LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and Hima Kohli,…

Banking Constitution

Classification of account as fraud – Borrowers have the right to be heard before classify their accounts as fraud – Principles of natural justice demand that the borrowers must be served a notice, given an opportunity to explain the conclusions of the forensic audit report, and be allowed to represent by the banks/ JLF before their account is classified as fraud under the Master Directions on Frauds

Mar 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE BANK OF INDIA AND OTHERS — Appellant Vs. RAJESH AGARWAL AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and…

Constitution

Determination of correctness of a caste or tribe claim – Affinity test is not a litmus test – While referring the case to Vigilance Cell, the Scrutiny Committee must record brief reasons for coming to the conclusion that it is not satisfied with the material produced by the applicant – Only after a case is referred to the Vigilance Cell for making enquiry, an occasion for the conduct of affinity test will arise.

Mar 26, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Abhay…

Constitution

Plea by Supreme Court Bar Association (SCBA) seeking land for construction of chamber block for lawyers – These are matters which cannot be resolved by the application of judicial standards and have to be taken up on the administrative side of the Supreme Court – Administrative functioning and decision-making, which the current issue requires, cannot be moved to the judicial side – Writ petitions disposed of

Mar 25, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH SUPREME COURT BAR ASSOCIATION — Appellant Vs. MINISTRY OF URBAN DEVELOPMENT AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., Sanjay…

Constitution

Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 – Section 7 read with 19(1) – Forfeiture of Property – The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 has been enacted by the Parliament with an object to provide for the forfeiture of illegally acquired properties of smugglers and foreign exchange manipulators and for matters connected therewith or incidental thereto – Order of forfeiture is upheld.

Mar 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. PLATINUM THEATRE AND OTHERS — Appellant Vs. COMPETENT AUTHORITY SMUGGLERS & FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY) ACT, 1976 AND ANOTHER — Respondent…

Constitution

Odisha Administrative Tribunal (OAT) – The abolition of the OAT is not violative of the fundamental right of access to justice because the Orissa High Court will hear cases which were pending before the OAT prior to its abolition

Mar 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ORISSA ADMINISTRATIVE TRIBUNAL BAR ASSOCIATION — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and…

Constitution

Remarks passed in court – it is essential for the courts to be extremely cautious while passing adverse remarks against the parties involved, and must do so with proper justification, in the right forum, and only if it is necessary to meet the ends of justice.

Mar 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SEEMANT KUMAR SINGH — Appellant Vs. MAHESH PS AND OTHERS — Respondent ( Before : Krishna Murari and Ahsanuddin Amanullah, JJ. ) Criminal Appeal…

Constitution

Armed Forces Tribunal Act, 2007 – there is no per se restriction on the exercise of power under Article 226 of the Constitution by the High Court – Union of India & Ors. v. Major General Shri Kant Sharma & Anr., (2015) 6 SCC 773does not lay down the correct law

Mar 24, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. PARASHOTAM DASS — Respondent ( Before : Sanjay Kishan Kaul, Abhay S. Oka and B.V. Nagarathna,…

Constitution

Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007 – Section 9 – – It is permissible to regulate admission and fee structure for achieving that purpose – It is not open to the appellant society to claim complete immunity in undertaking this exercise and seek exemption from any interference by the Admission and Fee Regulatory Committee (AFRC)

Mar 21, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ICON EDUCATION SOCIETY — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. )…

Constitution

Grant of freehold rights on land – Grant of freehold rights cannot be granted contrary to the terms of allotment and covenants of lease deeds.

Mar 21, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHASIN INFOTECH AND INFRASTRUCTURE PRIVATE LTD. — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and J.K.…

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Consumer Limitation

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Mar 3, 2025 sclaw

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

Category: Constitution

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