Supreme Court of India Judgements

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Category: Constitution

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

Union of India to evolve a mechanism to ensure that whenever conflicting stands are taken by different departments, they should be resolved at the governmental level itself. direct the Registry to furnish a copy of this judgment to the learned Attorney General for India to use his good offices and do the needful.

Oct 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL WAREHOUSING CORPORATION — Appellant Vs. ADANI PORTS SPECIAL ECONOMIC ZONE LIMITED (APSEZL) AND OTHERS — Respondent ( Before : B.R. Gavai and C.T.…

Constitution

Termination of Pregnancy – All women, married or unmarried, are entitled to safe and legal abortion – Object of Section 3(2)(b) of the MTP Act read with Rule 3B is to provide for abortions between twenty and twenty-four weeks, rendered unwanted due to a change in the material circumstances of women –

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH X — Appellant Vs. THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF NCT OF DELHI AND ANOTHER — Respondent ( Before :…

Constitution

HELD specifically rejected the contention that writ under Article 32 was barred or not maintainable with reference to an issue which was the subject matter of an earlier decision. – that the right to privacy is a fundamental right. No doubt that the right to information is also a fundamental right. In case of such a conflict, the Court is required to achieve a sense of balance – petitioners relegated to file writ under Art 32 to protect fundamental rights of its customers.

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH HDFC BANK LTD. AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.R. Gavai and C.T. Ravikumar, JJ.…

Constitution

Death Penalty – It is also a fact that in all cases where imposition of capital punishment is a choice of sentence, aggravating circumstances would always be on record, and would be part of the prosecution’s evidence, leading to conviction, whereas the accused can scarcely be expected to place mitigating circumstances on the record, for the reason that the stage for doing so is after conviction. Accused is at disadvantage. Matter referred to larger bench for clarity

Sep 24, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH IN RE: FRAMING GUIDELINES REGARDING POTENTIAL MITIGATING CIRCUMSTANCES TO BE CONSIDERED WHILE IMPOSING DEATH SENTENCES — Appellant Vs. ( Before : Uday Umesh Lalit,…

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…

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Constitution

Passports Act, 1967 — Sections 5, 6(2)(f), 7, 8, 9, 10, and 22 — Refusal to issue or re-issue a passport due to pending criminal proceedings — Exemption under Section 22 via Notification GSR 570(E) dated 25.08.1993 — Section 6(2)(f) bars issuance if criminal proceedings are pending, but this is subject to “other provisions of this Act,” including Section 22 — GSR 570(E) exempts persons facing criminal proceedings if they obtain permission from the concerned criminal court — This exemption is structured, tying validity and use to the court’s order; it permits issuing a passport where the criminal court allows renewal and retains judicial supervision over foreign travel. (Paras 7.2, 7.6, 7.8, 8, 9, 10, 12, 15, 25)

Dec 30, 2025 sclaw
Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw
Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw