Supreme Court of India Judgements

46690 Judgements hosted as on 11/01/2025 - Search (FREE), Subscribe, Read & Download

Category: Constitution

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…

Constitution

HELD Storage Facility For Edible Oil Not Allowed Outside Port Area – As regards the pipelines which have been drawn, the appellants may approach the relevant District Coastal Zonal Management Authority within a period of one month from today. The District Coastal Zonal Management Authority will consider any application made in regard to the continued use of the pipeline and take a decision in accordance with law within a further period of six weeks from the date of the receipt of the application.

Feb 9, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH K.T.V. HEALTH FOOD PRIVATE LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : K.M. Joseph, B.V. Nagarathna and J.B.…

Constitution

Writ Petition – Alternative remedy – mere availability of an alternative remedy of appeal or revision, which the party invoking the jurisdiction of the high court under Article 226 has not pursued, would not oust the jurisdiction of the high court and render a writ petition “not maintainable”.

Feb 9, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S GODREJ SARA LEE LIMITED — Appellant Vs. THE EXCISE AND TAXATION OFFICER-CUM-ASSESSING AUTHORITY AND OTHERS — Respondent ( Before : S. Ravindra Bhat…

Constitution

Assam Rural Health Regulatory Authority Act, 2004 – – A State Legislature has no legislative competence to enact a law in respect of modern medicine or allopathic medicine contrary to the said standards that have been determined by the Central Law – Indian Medical Council Act, 1956 and the Rules and Regulations made thereunder

Jan 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BAHARUL ISLAM AND OTHERS — Appellant Vs. THE INDIAN MEDICAL ASSOCIATION AND OTHERS — Respondent ( Before : B.R. Gavai and B.V. Nagarathna, JJ.…

Constitution

HELD restricted interim order, allowing the Purse Seine Fishing beyond the territorial waters of Tamil Nadu, but within the Exclusive Economic Zone, with certain conditions – Only registered fishing vessel will be given permission – The Fisheries Department will give permission to such boats only, which are installed with an approved Vessel Tracking System – These vessels will be allowed to operate only twice a week – It shall be mandatory for all the sailors to keep their biometric card/photo ID with them – Fisheries Department of the State shall also give a colour code to these Purse Seine Fishing Boats – The Registration Number of these vessels shall be prominently displayed on the boat

Jan 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FISHERMAN CARE, REGISTERED ASSOCIATION — Appellant Vs. THE GOVERNMENT OF INDIA, DEPARTMENT OF ANIMAL HUSBANDRY, DAIRYING AND FISHERIES REP. BY ITS SECRETARY AND OTHERS…

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Arbitration

The Supreme Court held that for the purposes of calculating the limitation period for filing objections to an arbitral award, formal notice of the award is not required; awareness or knowledge of the award’s existence is sufficient

Jan 11, 2025 sclaw
I B C

Supreme Court found that the High Court should not have interfered with the Corporate Insolvency Resolution Process (CIRP) as the Insolvency and Bankruptcy Code (IBC) provides a complete mechanism for resolution

Jan 11, 2025 sclaw
Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013— Finality of Determinations— The Court established a precedent that once determinations regarding compensation and entitlements have been adjudicated and approved by the Court, they cannot be reopened by the Claims Commission based on changes in policy— This applies specifically to the ten villages for which reports were previously finalised— This means that the Commission should not re-evaluate or re-adjudicate cases that have already been settled.

Jan 11, 2025 sclaw
Arbitration

Judicial courts should exercise restraint in interfering with arbitration proceedings, allowing arbitral tribunals discretion in managing proceedings unless there is clear perversity or bad faith.

Jan 11, 2025 sclaw