Supreme Court of India Judgements

467730 Judgements hosted as on 20/04/2025 - Search (FREE), Subscribe, Read & Download

Category: Constitution

Constitution

Constitution of India, 1950 – Articles 14, 15(1), 341 and 342 – Promotion – SC/ST Category -An obligation on the part of Parliament, to provide clarity about the kind of protection, regarding the status of such individuals forced to chose one among the newly reorganized states, and ensure that they are not worse off as a result of reorganization –

May 1, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH AKHILESH PRASAD — Appellant Vs. JHARKHAND PUBLIC SERVICE COMMISSION AND OTHERS — Respondent ( Before : Uday Umesh Lalit, Pamidighantam Sri Narasimha and S.…

Constitution

Only 10% of the cadre strength of District Judges be filled up by Limited Departmental Competitive Examination with those candidates who have qualified service of 7 years [(5 years as Civil Judge (Junior Division) and 2 years as Civil Judge (Senior Division) or 10 years qualifying service as Civil Judge(Junior Division).

Apr 23, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH ALL INDIA JUDGES ASSOCIATION AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao, B.R. Gavai…

Constitution

There is no application of mind at all by the High Court on merits of the order passed by the Tribunal – It can be seen that the High Court has failed to exercise its jurisdiction vested in it while exercising the powers under Article 226/227 of the Constitution of India – Matter remand to High Court for deciding the writ petition afresh in accordance with law.

Apr 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTARAKHAND AND ANOTHER — Appellant Vs. MAYAN PAL SINGH VERMA — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ.…

Constitution

Writ by victims of fire tragedy – claimed the lives of 65 persons and left 161 or more with burn injuries. -Held that where the plaintiff can prove the accident but cannot prove how it happened to establish negligence on the part of the defendant, such hardship is sought to be avoided by applying the principle of res ipsa loquitor.

Apr 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SANJAY GUPTA AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH THROUGH ITS CHIEF SECRETARY AND OTHERS — Respondent ( Before : Hemant Gupta…

Constitution

Practices and Rules – Dismissal of appeal without reasoning – Impugned order passed by the High Court is a non-speaking and non­reasoned order and even the submissions on behalf of the revenue are not recorded, the impugned order passed by the High Court dismissing the appeal is unsustainable – Matter is remanded to the High Court

Apr 11, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE PRINCIPAL COMMISSIONER OF INCOME TAX-1 — Appellant Vs. M/S. BAJAJ HERBALS PRIVATE LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

Constitution

Right against deprivation of property unless in accordance with procedure established by law, continues to be a constitutional right under Article 300-A – Forcible dispossession of a person of their private property without following due process of law, was violative of both their human right, and constitutional right under Article 300-A.

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUKH DUTT RATRA AND ANOTHER — Appellant Vs. STATE OF HIMACHAL PRADESH AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Pamidighantam…

Constitution

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 – Section 9 – Eviction – Section 3(1) of the Nationalisation Act, declares that on the appointed day, which was 01.05.1973, the right, title and interest of the owners in relation to the coal­mines specified in the Schedule shall stand transferred to and shall vest absolutely in the Central government free from all encumbrances – As could be seen from clause (xi) of Section 2(h), even the lands and buildings used solely for the location of the management, sale or liaison offices or for the residence of officers and staff were also included in the definition of the word “mine”

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S BHARAT COKING COAL LIMITED — Appellant Vs. MAHENDRA PAL BHATIA AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ.…

Constitution

Constitution of India, 1950 – Article 226 – Income Tax Act, 1961 – Section 148 – Challenging Re-opening of Assessment – Dismissal of Writ Petition by High Court without giving reasons -An order bereft of reasoning causes prejudice to the parties because it deprives them to know the reasons as to why one party has won and other has lost – Remanded to HC

Apr 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VISHAL ASHWIN PATEL — Appellant Vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 25(3) AND OTHERS — Respondent ( Before : M.R. Shah and B.V.…

You missed

I P C

Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good

Apr 20, 2025 sclaw
Corporate

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

Apr 20, 2025 sclaw
Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw
Circumstantial Evidence I P C

Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence

Apr 20, 2025 sclaw