Supreme Court of India Judgements

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Category: Constitution

Constitution

Implement Community Kitchens to combat hunger, malnutrition and starvation in the country – Court has also reiterated that the scope of judicial review in examining policy matters is very limited, and the Courts cannot direct the States to implement a particular policy or scheme on the ground that a better, fairer or wiser alternative is available – The Court has disposed of the writ petition with these observations.

Mar 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANUN DHAWAN AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal, JJ.…

Constitution Election Laws

Chandigarh Mayor Election: Supreme Court quashed the election result and declared the appellant as the validly elected candidate for the post of Mayor – It also issued a notice to the presiding officer to show cause why criminal proceedings should not be initiated against him under Section 340 of the Code of Criminal Procedure 1973.

Mar 3, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH KULDEEP KUMAR — Appellant Vs. — Respondent U.T. CHANDIGARH AND OTHERS ( Before : Dr. Dhananjaya Y Chandrachud, CJI., J B Pardiwala and Manoj…

Constitution

Electoral Bond Scheme, the proviso to Section 29C(1) of the Representation of the People Act 1951 (as amended by Section 137 of Finance Act 2017), Section 182(3) of the Companies Act (as amended by Section 154 of the Finance Act 2017), and Section 13A(b) (as amended by Section 11 of Finance Act 2017) are violative of Article 19(1)(a) and unconstitutional

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA CONSTITUTION BENCH ASSOCIATION FOR DEMOCRATIC REFORMS AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI.,…

Constitution Land Acquisition

In the facts and circumstances noted and more particularly the fact that the appellant still claims to be in possession of the land under acquisition, writ petition preferred by the appellant should have been heard and decided on merits – Matter is remitted to the High Court of Uttarakhand

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH J.N. PURI — Appellant Vs. STATE OF UTTAR PRADESH (NOW STATE OF UTTARAKHAND) AND OTHERS — Respondent ( Before : B.R. Gavai and Sandeep…

Constitution Matrimonial

Irretrievable breakdown of marriage – Exercise of jurisdiction under Article 142(1) of the Constitution of India is clearly permissible to do ‘complete justice’ to a ’cause or matter’ and this Court can pass an order or decree which a family court, trial court or High Court can pass and when such power is exercised, the question or issue of lack of subject-matter jurisdiction does not arise

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAKASHCHANDRA JOSHI — Appellant Vs. KUNTAL PRAKASHCHANDRA JOSHI @ KUNTAL VISANJI SHAH — Respondent ( Before : B.R. Gavai and Prashant Kumar Mishra, JJ.…

Constitution Cr P C

Mandatorily mention in a application for grant of bail: 1. Details and copies of order(s) passed in the earlier bail application(s) filed by the petitioner which have been already decided. 2. Details of any bail application(s) filed by the petitioner, which is pending either in any court, below the court in question or the higher court, and if none is pending, a clear statement to that effect has to be made 3. The registry of the court should also annex a pending bail application(s) in the crime case in question -4. It should be the duty of the Investigating Officer/any officer assisting the State Counsel in court to apprise him of the order(s), if any, passed by the court with reference to different bail applications or other proceedings in the same crime case

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUSHA DURUKA — Appellant Vs. THE STATE OF ODISHA — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Criminal Appeal No.…

Constitution Cr P C

CHANDRABABU NAIDU -As we have expressed opinions taking different views on the interpretation of Section 17A of the Prevention of Corruption Act, 1988 as also its applicability to the appellant in the subject-case, we refer the matter to the Honble the Chief Justice of India. The Registry to place the papers before the Honble the Chief Justice of India so that appropriate decision can be taken for the constitution of a Larger Bench in this case for adjudication on the point on which contrary opinions have been expressed by us.

Jan 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARA CHANDRABABU NAIDU Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER ( Before : Aniruddha Bose and Bela M. Trivedi, JJ. ) Criminal Appeal…

Constitution Cr P C

Rs 25 LAKHS IMPOSED ON UNSCRUPLOUS LITIGANT – Unnecessary turning of a civil matter into a criminal case not only overburdens the criminal justice system but also violates the principles of fairness and right conduct in legal matters – Unscrupulous litigants should not be allowed to go scot-free – They should be put to strict terms and conditions including costs. It is time to check with firmness such litigation initiated and laced with concealment, falsehood, and forum hunting – Even State actions or conduct of government servants being party to such malicious litigation should be seriously reprimanded – This Court impose costs of Rs. 25 lakhs on respondent-complainant.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DINESH GUPTA — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. )…

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