Constitution Archives - Page 26 of 68 - Supreme Court of India Judgements

January 12, 2025 3:36 pm

Order of stay of investigation against sahara group companies- Held, High Court was not justified in staying the investigation and in passing the consequential directions which have been passed in the impugned orders at the interlocutory stage.

Jun 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SERIOUS FRAUD INVESTIGATION OFFICE AND OTHERS — Appellant Vs. SAHARA HOUSING INVESTMENT CORPORATION LIMITED AND OTHERS — Respondent ( Before : Dr Dhananjaya Y…

Constitution

Constitution of India, 1950 – Article 161 – It is well-settled that the advice of the State Cabinet is binding on the Governor in matters relating to commutation / remission of sentences under Article 161.

May 28, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH A.G. PERARIVALAN — Appellant Vs. STATE, THROUGH SUPERINTENDENT OF POLICE CBI/SIT/MMDA, CHENNAI, TAMIL NADU AND ANOTHER — Respondent ( Before : L. Nageswara Rao,…

Constitution

It will be advisable if the Registry issues a Circular inviting the attention of the Advocates-on-Record to this order as well as to the requirement of making compliance with clause (b) of Rule 7 of Order IV of the said Rules.

May 24, 2022 sclaw

SUPREME COURT OF INDIA SINGLE BENCH SURESH CHANDRA AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Abhay S. Oka, J. ) Miscellaneous Application No.…

Constitution

HELD it is clear that the authorities have acted arbitrarily in violation of Article 14 of the Constitution of India – the public law remedy has rightly been availed – Appeal dismissed.

May 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MIHAN INDIA LIMITED — Appellant Vs. GMR AIRPORTS LIMITED AND OTHERS — Respondent ( Before : Vineet Saran and J.K. Maheshwari, JJ. ) Civil…

Constitution

Issue of Control of Services in National Capital Delhi – It appropriate to refer the above limited question, for an authoritative pronouncement by a Constitution Bench in terms of Article 145(3) of the Constitution –

May 15, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH GOVT. OF NCT OF DELHI — Appellant Vs. UNION OF INDIA — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli,…

Constitution

If the government authority induced an expectation which was substantive, the upsetting of that expectation, through departure from the expected course of action in the absence of compelling public interest, would be so unfair, that it would amount to abuse of power –

May 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH STATE OF BIHAR AND OTHERS — Appellant Vs. SHYAMA NANDAN MISHRA — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Civil…

Constitution

HELD once the legality of closure of the old scheme was undisputed, there was no manner of right inhering with the club, to insist that its claim for any plot had to be considered. If at all, it ought to have applied under subsequent schemes, and waited like other applicants (of that scheme),

May 8, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH RITU MAHESHWARI — Appellant Vs. M/S. PROMOTIONAL CLUB — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam Sri Narasimha, JJ.…

Constitution

When the statute provides a further remedy by way of appeal against the award and even against the order passed by the learned trial Court making the award a decree of the court, the High Court ought not to have entertained the writ petition

May 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S. KELKAR AND KELKAR — Appellant Vs. M/S. HOTEL PRIDE EXECUTIVE PRIVATE LIMITED — Respondent ( Before : M. R. Shah and B.V. Nagarathna,…

Constitution

Designating Senior Advocate – HELD clarify the situation and direct that instead of ten marks to be allocated to a counsel who has put in between ten to twenty years of practice, the marks be allocated commensurate with the standing of the person at the Bar, that is to say, one mark each shall be allocated for every year of practice between ten to twenty years.

May 8, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH AMAR VIVEK AGGARWAL AND OTHERS — Appellant Vs. HIGH COURT OF PUNJAB AND HARYANA AND OTHERS — Respondent ( Before : Uday Umesh Lalit,…

Constitution

Constitution of India – Article 72 – Balwant Singh Rajoana case – HELD in our view, there would be no embargo in considering the matter in the light of the directions issued by this Court in its order dated 04.12.2020. Furthermore, as the order had made it quite clear, the matter could be and had to be considered despite the pendency of the appeal preferred by the co-accused.

May 8, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH BALWANT SINGH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam Sri…

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Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Jan 12, 2025 sclaw

Maintenance

A decree for restitution of conjugal rights does not automatically disqualify a wife from receiving maintenance under Section 125 of the Cr.P.C., and the court must assess whether the wife had sufficient reason to refuse to live with her husband despite the decree

Jan 12, 2025 sclaw

Service

Constitution of India, 1950 — Article 309 — Executive Orders as Recruitment Rules — The court affirms that in the absence of formal rules framed under Article 309 of the Constitution, executive orders issued by the government can serve as the governing recruitment rules — Specifically, Government Order (G.O.) dated 07th April, 2008 is recognized as the applicable executive order for the Medical Education Service.

Jan 12, 2025 sclaw

Limitation

Section 4 of the Limitation Act applies to the 3-month limitation period under Section 34(3) of the Arbitration and Conciliation Act (ACA), but not to the 30-day condonable period, and Section 10 of the General Clauses Act (GCA) does not apply to Section 34(3) of the ACA.

Jan 12, 2025 sclaw

Category: Constitution

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