Supreme Court of India Judgements

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Category: Constitution

Banking Constitution SARFAESI

HELD on SARFESAI writs to High courts – – When a statute prescribes a particular mode, an attempt to circumvent shall not be encouraged by a writ court. A litigant cannot avoid the noncompliance of approaching the Tribunal which requires the prescription of fees and use the constitutional remedy as an alternative.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. SOUTH INDIAN BANK LTD. AND OTHERS — Appellant Vs. NAVEEN MATHEW PHILIP AND ANOTHER ETC. ETC. — Respondent ( Before : Sanjiv Khanna…

Constitution Service

Constitution of India, 1950 – Article 14 – Penalty imposed must be commensurate with the gravity of the misconduct, and that any penalty disproportionate to the gravity of the misconduct would be violative of Article 14 of the Constitution – In the armed forces of the Union, including the paramilitary forces, utmost discipline, unity of command et al are the sine qua non – That said, the doctrine of proportionality still holds the field.

Apr 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH B. S. HARI COMMANDANT — Appellant Vs. UNION OF INDIA & ORS. R1: UNION OF INDIA, MINISTRY OF HOME AFFAIRS R2: DIRECTOR GENERAL, BORDER…

Constitution

RSS Route Marches in the State of Tamil Nadu – Permission to RSS (Rashtriya Swayamsevak Sangh) is granted – Special Leave Petition against the order of the Division Bench of Madras High Court directing the State Police to grant permission to RSS (Rashtriya Swayamsevak Sangh) is dismissed.

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K. PHANINDRA REDDY, I.A.S. AND OTHERS — Appellant Vs. G. SUBRAMANIAN — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Special…

Constitution

Petition against “unnecessary hysterectomies” were carried out under the Rashtriya Swasthya Bima Yojana as well as other government schemes related to healthcare. HELD all the States and Union Territories must take stringent action for blacklisting hospitals once it is detected that any unnecessary hysterectomy was carried out or that the procedure was taken recourse to without the informed consent of the patient. We direct that necessary action be taken in accordance with law.

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR NARENDRA GUPTA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and J.B. Pardiwala,…

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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