Supreme Court of India Judgements

46905 Judgements hosted as on 12/10/2025 - Search (FREE), Subscribe, Read & Download

Category: Constitution

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…

Constitution

Prevention of Money – Laundering Act, 2002 – Sections 5, 8(4), 15, 17 and 19 – Constitutional validity of Sections 5, 8(4), 15, 17 and 19 of the Prevention of Money – Laundering Act, 2002 is upheld – Directorate of Enforcement (ED) has powers to arrest, attachment, search and seizure – At the stage of issue of summons, the person cannot claim protection under Article 20(3) of the Constitution.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH VIJAY MADANLAL CHOUDHARY AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T.…

Constitution

Appeal against dismissal of writ for certificate Tax Deduction at Source (TDS) at the rate of 4% in respect of payments received by the Appellant from Oil and Natural Gas Company Ltd. towards work done out of India as well as within India. Judges differed matter put before CJI for orders as to bench

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH NATIONAL PETROLEUM CONSTRUCTION COMPANY — Appellant Vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(2), INTERNATIONAL TAXATION, NEW DELHI AND ANOTHER — Respondent ( Before…

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Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand.

Oct 12, 2025 sclaw
Evidence Act

Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility.

Oct 12, 2025 sclaw
Anticipatory Bail Corruption

Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.

Oct 12, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence.

Oct 12, 2025 sclaw