Supreme Court of India Judgements

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Category: Constitution

Constitution

Cess and Other Taxes on Minerals (Validation) Act 1992 — The case involves the Mineral Area Development Authority (MADA) and the Steel Authority of India (SAIL), focusing on the validity of state tax demands on mineral rights — Whether the judgment in MADA should be applied retrospectively or prospectively, impacting tax demands and commercial transactions — Petitioners argue for prospective application to avoid retrospective tax burdens on end consumers and commercial disruptions — Respondents argue that prospective overruling should not apply to tax legislation, emphasizing the public interest and financial stability of states — The court rejected the prospective application of the MADA judgment, allowing states to levy taxes but with conditions to mitigate financial burdens on assesses — The court emphasized the need to balance financial interests of states and assesses, avoiding retrospective tax demands before April 2005 — The court applied the doctrine of prospective overruling to ensure equitable outcomes and financial stability — The court provided a pragmatic solution to reconcile conflicting interests, allowing tax demands with staggered payments and waived interest for the period before July 2024.

Aug 18, 2024 sclaw

2024 INSC 607 SUPREME COURT OF INDIA 8 JUDGES BENCH MINERAL AREA DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. M/S STEEL AUTHORITY OF INDIA AND ANOTHER ETC. — Respondent (…

Constitution

Constitution of India, 1950 — Articles 21, 39(e), 42, 43, and 48A — Highlighting the State’s duty to ensure workers’ health and safety — Issue of ‘silicosis’ among workers in various industries in India — The main issues were the prevalence of silicosis, lack of detection, monitoring, and remedial measures , and violation of workers fundamental rights — Right to health and safety under Article 21 of the Constitution was being neglected, and the State’s failure to protect workers and provide adequate care was a violation of constitutional mandates — They were directed to provide compensation and rehabilitation for affected workers and to ensure compliance with safety measures — The Court directed the NGT to oversee the environmental aspects and the NHRC to oversee the compensation process — The Court emphasized the need for systemic reforms to address the detection, prevention, and treatment of silicosis and to protect workers’ health and rights — The writ petition was disposed of with directions to the NGT and NHRC to ensure compliance with the Court’s orders and to take necessary steps to prevent the spread of silicosis and ensure compensation for affected workers.

Aug 13, 2024 sclaw

2024 INSC 582 SUPREME COURT OF INDIA DIVISION BENCH PEOPLES RIGHTS AND SOCIAL RESEARCH CENTRE (PRASAR) AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before…

Constitution Reservation

Constitution of India, 1950 — Article 341 — Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991 — The Supreme Court has quashed the Bihar government’s 2015 resolution that sought to merge the “Tanti-Tantwa” caste with the “Pan-Sawasi” caste in the Scheduled Castes list — The court ruled that the state government had no authority or power to alter the list of Scheduled Castes notified under Article 341 of the Constitution — The court also directed that any appointments made under the 2015 resolution be set aside, and the posts be returned to the Scheduled Castes quota — The members of the “Tanti-Tantwa” community who were appointed under the resolution will be accommodated in their original category of Extremely Backward Classes.

Jul 16, 2024 sclaw

2024 INSC 528 SUPREME COURT OF INDIA DIVISION BENCH DR. BHIM RAO AMBEDKAR VICHAR MANCH BIHAR — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before :…

Constitution Prevention of Money Laundering Act

Prevention of Money Laundering Act, 2002 — Section 19 — Interim bail — Whether the “need and necessity to arrest” is a separate ground to challenge the order of arrest passed under Section 19(1) of the Act (PMLA) to a larger bench — The court also questioned whether the “need and necessity to arrest” refers to the satisfaction of formal parameters to arrest and take a person into custody or if it relates to other personal grounds and reasons regarding the necessity to arrest a person in the facts and circumstances of the case — The court further questioned the parameters and facts that are to be taken into consideration by the court while examining the question of “need and necessity to arrest” — The court’s observations are for deciding the present appeal and will not be construed as findings on the merits of the case or allegations — The court granted interim bail to Arvind Kejriwal, the Chief Minister of Delhi, who was arrested in connection with a money laundering case.

Jul 15, 2024 sclaw

2024 INSC 512 SUPREME COURT OF INDIA DIVISION BENCH ARVIND KEJRIWAL — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Sanjiv Khanna and Dipankar Datta, JJ. ) Criminal…

Constitution

Constitution of India, 1950 — Article 131 — Delhi Special Police Establishment Act, 1946 — Section 6 — The State of West Bengal filed a suit against the Union of India, challenging the Central Bureau of Investigation (CBI)’s authority to register cases in West Bengal after withdrawing consent under Section 6 of the DSPE Act — The main issue is the maintainability of the suit, which focuses on whether the CBI can continue to register and investigate cases without the state’s consent — The State argues that post-withdrawal of consent, the CBI’s actions are unconstitutional and violate federalism principles — The Union of India argues that the suit is not maintainable under Article 131 of the Constitution and that the CBI is under the superintendence of the Central Vigilance Commission (CVC) — The Court rejected the Union’s preliminary objections, stating that the jurisdiction under Article 131 is applicable and the dispute involves a question of law on which the existence or extent of a legal right depends — The suit will proceed on its merits, with the next hearing scheduled for August 13, 2024.

Jul 13, 2024 sclaw

2024 INSC 502 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF WEST BENGAL — Appellant Vs. UNION OF INDIA — Respondent ( Before : B.R. Gavai and Sandeep Mehta,…

Constitution

Foreigners Act, 1946 — Section 9 — Burden of proof — A person who is suspected of being a foreigner and whose case is referred to a Foreigners Tribunal (FT) under the Foreigners Act, 1946, must be given an opportunity to prove that they are not a foreigner — The burden of proof is initially on the state to establish a prima facie case that the person is a foreigner — If the state succeeds in doing so, the burden of proof shifts to the person to prove that they are an Indian citizen — The court must examine the evidence produced by both sides and make a determination based on a preponderance of evidence — If the state fails to establish a prima facie case, the person cannot be declared a foreigner — The court must also ensure that the person’s right to a fair trial is not violated and that they are not subjected to arbitrary detention or deportation -Sarbananda Sonowal v Union of India, (2005) 5 SCC 665 (Referred).

Jul 13, 2024 sclaw

2024 INSC 511 SUPREME COURT OF INDIA DIVISION BENCH MD. RAHIM ALI @ ABDUR RAHIM — Appellant Vs. THE STATE OF ASSAM AND OTHERS ( Before : Vikram Nath and…

Constitution

Water sharing Dispute — Sharing of Yamuna water between the National Capital Territory of Delhi and the States of Haryana and Himachal Pradesh — The court found that the issue is complex and sensitive, and that it lacks the expertise to decide on the matter — Instead, the court directed the Upper Yamuna River Board (UYRB), a body constituted with the agreement of the parties in a 1994 Memorandum of Understanding (MoU), to consider the issue — The UYRB has already directed the State of Delhi to submit an application for the supply of additional 150 Cusec of water on humanitarian grounds, and the court directed that the application be made by 5 p.m. today and that the UYRB convene a meeting tomorrow to take a decision on the matter.

Jul 4, 2024 sclaw

SUPREME COURT OF INDIA VACATION BENCH GOVERNMENT OF NCT OF DELHI — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Prashant Kumar Mishra and Prasanna Bhalachandra…

Constitution

Rule for Video Conferencing for Courts, 2020 – Rule 6 – The case involves appeals against the order of the Patna High Court which directed a de novo trial and made observations against the Special Judge’s approach in conducting the trial – The appeals raise questions regarding the legality of the High Court’s order, the conduct of the trial by the Special Judge, and the application of video conferencing rules in court proceedings – The appellant challenges the High Court’s order of remittal and the observations made against the Special Judge – The respondent defends the High Court’s decision and the observations made therein – The Supreme Court’s judgment addresses the legal provisions for conducting a trial, witness protection, fair trial principles, and the supply of documents to the accused – The Court examines the rules for video conferencing, witness protection scheme, and the importance of a fair trial in the criminal justice system – The judgment discusses the procedural safeguards in the CrPC, 1973, and their substantive elements that protect constitutional rights – The Court emphasizes the need for due compliance with procedural laws to ensure a fair trial and the rights of all stakeholders, including the accused, the victim, and society

Jun 2, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUNITA DEVI — Appellant Vs. THE STATE OF BIHAR AND ANOTHER — Respondent ( Before : M. M. Sundresh and S. V. N. Bhatti,…

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Bail Declined

Cancellation of Bail — Factors for Consideration — Child Trafficking — Appeals preferred by victims (kith and kin of trafficked children) assailing High Court orders granting bail to accused involved in a large-scale, organized, interstate child trafficking racket — The offences alleged involve kidnapping, buying, and selling of minor children primarily from impoverished backgrounds, punishable under Ss. 363, 311 & 370(5) IPC —High Court’s approach found to be callous, overlooking critical aspects including the organized nature of the crime and the subsequent absconding of several accused post-bail, thereby jeopardizing the trial.

Apr 16, 2025 sclaw
Specific Performance

A buyer’s continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance

Apr 15, 2025 sclaw
Service

The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017

Apr 15, 2025 sclaw
I B C Limitation

The statutory limitation period for filing an appeal before the National Company Law Appellate Tribunal (NCLAT) under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 (IBC) is thirty days, commencing from the date of pronouncement of the order by the National Company Law Tribunal (NCLT) — The NCLAT possesses discretion to condone delay for a further period not exceeding fifteen days, upon satisfaction of sufficient cause

Apr 14, 2025 sclaw