Supreme Court of India Judgements

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

Category: Constitution

Constitution

Delhi Land Reforms Act, 1954 HELD 1954 Act, is a special law, dealing with fragmentation, ceiling, and devolution of tenancy rights over agricultural holdings only, whereas the 1956 Act is a general law, providing for succession to a Hindu by religion as stated in Section 2 thereof. The existence or absence of Section 4(2) in the 1956 Act would be immaterial.

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH HAR NARAINI DEVI AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ.…

Constitution

Haryana Sikh Gurdwara (Management) Act, 2014 – Sikh Gurdwaras Act, 1925 – Punjab Reorganisation Act, 1966 – HELD Since the affairs of the Sikh minority in the State are to be managed by the Sikhs alone, therefore, it cannot be said to be violative of any of the fundamental rights conferred under Articles 25 and 26 of the Constitution.

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH HARBHAJAN SINGH — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ. ) Writ Petition…

Constitution G S T

HELD but the question is about the entertainability of the writ petition against the order of assessment by-passing the statutory remedy of appeal – – judicial prudence demands that the court refrains from exercising its jurisdiction under constitutional provisions when there is an alternate remedy available,

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF MAHARASHTRA AND OTHERS — Appellant Vs. GREATSHIP (INDIA) LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Constitution

Constitution of India, 1950 – Article 19(1)(g) – Right to establish an educational institution is a fundamental right under Article 19(1)(g) of the Constitution of India and reasonable restrictions on such a right can be imposed only by a law and not by an executive instruction – the validity of such instructionscan always be scrutinized on the touchstone of law.

Sep 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH PHARMACY COUNCIL OF INDIA — Appellant Vs. RAJEEV COLLEGE OF PHARMACY AND OTHERS — Respondent ( Before : B.R. Gavai and Pamidighantam Sri Narasimha,…

Constitution

HELD After a body has been buried, it is considered to be in the custody of the law; therefore, disinterment is not a matter of right. The law does not favour disinterment, based on the public policy that the sanctity of the grave should be maintained. Once buried, a body should not be disturbed.

Sep 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MOHAMMAD LATIEF MAGREY — Appellant Vs. THE UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS — Respondent ( Before : Surya Kant and J.B.…

Constitution

Benami ownership – Where the first plaintiff had proved that the properties had been purchased, with his funds, and the sons were minors, with no source of income – Plaintiff also proved that he had possession of the property, by adducing positive evidence of tenants, who paid rent to him – Elements necessary to establish benami ownership within the meaning of Section 4(3)(a) of the Act.

Sep 11, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH PUSHPALATA — Appellant Vs. VIJAY KUMAR (DEAD) THR. LRS. AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S. Ravindrabhat and Sudhanshu Dhulia,…

Constitution

Constitution of India, 1950 – Article 145(3) – Matter Referred to 5-Judge Bench – Constitutional questions relating to interpretation of Schedule X of the Constitution pertaining to disqualification, as well as the powers of the Speaker and the Governor and the power of judicial review thereo

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH SUBHASH DESAI — Appellant Vs. PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA AND OTHERS — Respondent ( Before : N.V. Ramana, CJI., Krishna Murari and Hima…

Constitution

Prohibition of benami transactions – Section 3(2) of the unamended 1988 Act is declared as unconstitutional for being manifestly arbitrary – Accordingly, Section 3(2) of the Benami Transactions (Prohibition) Amendment Act, 2016 is also unconstitutional as it is violative of Article 20(1) of the Constitution – Section 3 (criminal provision) read with Section 2(a) and Section 5 (confiscation proceedings) of the 1988 Act are overly broad, disproportionately harsh, and operate without adequate safeguards in place. Such provisions were still-born law and never utilized in the first place – In this light, this Court finds that Sections 3 and 5 of the 1988 Act were unconstitutional from their inception

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. M/S. GANPATI DEALCOM PVT. LTD. — Respondent ( Before : N.V. Ramana, CJI., Krishna Murari and…

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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