Constitution Archives - Page 23 of 69 - Supreme Court of India Judgements

March 15, 2025 5:29 pm

HELD Rules of revaluation not framed – High Court is not justified in ordering re-evaluation of the answer scripts – High Court was not at all justified in calling the record of the answer scripts and then to satisfy whether there was a need for reevaluation or not

Nov 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. NTR UNIVERSITY OF HEALTH SCIENCES — Appellant Vs. DR. YERRA TRINADH AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh,…

Banking Constitution

Contract Act, 1872 – Section 62 – One Time Settlement Scheme – – Impugned judgment and order passed by the High Court granting further time to the borrower to make the balance payment under the OTS Scheme in exercise of powers under Article 226 of the Constitution of India is unsustainable and the same deserves to be quashed and set aside

Nov 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE BANK OF INDIA — Appellant Vs. ARVINDRA ELECTRONICS PRIVATE LIMITED — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil…

Constitution Customs & Excise

Export of processed iron ore – Merely because some others are granted the benefit wrongly, the appellant cannot be permitted to pray for the similar benefits – There cannot be any negative discrimination which may perpetuate the illegality –

Nov 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHOWGULE & COMPANY LIMITED — Appellant Vs. ASSISTANT DIRECTOR GENERAL OF FOREIGN TRADE AND OTHERS — Respondent ( Before : M.R. Shah and Krishna…

Constitution

Allotment of land – Deputy Collector possess the powers to pass the orders of allotment – High Court has seriously erred in setting aside orders on the ground that the Deputy Collector was not having jurisdiction and therefore order is coram non judice – Matter is remitte

Nov 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJARAM ABASAHEB DESHMUKH — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil…

Constitution Preventive Detention

Right to make representation is a fundamental right of the detenu under Article 22(5) of the Constitution and supply of the illegible copy of documents which has been relied upon by the detaining authority indeed has deprived him in making an effective representation and denial thereof will hold the order of detention illegal and not in accordance with the procedure contemplated under law.

Oct 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MANIPUR AND OTHERS — Appellant Vs. BUYAMAYUM ABDUL HANAN @ ANAND AND ANOTHER — Respondent ( Before : Ajay Rastogi and…

Constitution

West Bengal Teacher Recruitment Scam – CBI Investigation – Plea to stay – Declined – Order passed directing cancellation of 269 candidates by the Single Judge and the part of the order of the Division Bench confirming that order shall stand stayed and remain in abeyance.

Oct 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. MANIK BHATTACHARYA — Appellant Vs. RAMESH MALIK AND OTHERS — Respondent ( Before : Aniruddha Bose and Vikram Nath, JJ. ) SLP (Civil)…

Constitution

HELD the Constitution (97th Amendment) Act, 2011 would not be applicable to the local co-operative societies, whereas the same would be applicable to the multi-State co-operative societies and the societies within the Union territories”,

Oct 19, 2022 sclaw

The entire legislative scheme goes to show that the Co-operative Society is to function democratically and the internal democracy of a society, including resolutions passed in accordance with the Act,…

Constitution

Promissory Estoppel – Doctrine of estoppel will not be applied against the State in its governmental, public or sovereign capacity – to permit an estoppel to be operated against the legislative functions of the Parliament is a fallacy – Claim of the appellants on estoppel is without merit and deserves to be rejected.

Oct 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S HERO MOTOCORP LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.R. Gavai and B.V. Nagarathna, JJ. )…

Constitution

Hijab Ban case – Per Mr. Sudhanshu Dhulia, J If girl wants to wear hijab, even inside her class room, she cannot be stopped, if it is worn as a matter of her choice, as it may be the only way her conservative family will permit her to go to school, and in those cases, her hijab is her ticket to education – Per Mr. Hemant Gupta, J State is within its jurisdiction to direct that the apparent symbols of religious beliefs cannot be carried to school maintained by the State from the State funds – Thus, the practice of wearing hijab could be restricted by the State in terms of the Government Order.

Oct 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AISHAT SHIFA — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : Hemant Gupta and Sudhanshu Dhulia, JJ. ) Civil…

Constitution

Writ of quo warranto can be issued where an appointment has not been made in accordance with the law

Oct 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF WEST BENGAL — Appellant Vs. ANINDYA SUNDAR DAS AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Hima Kohli,…

You missed

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

You missed