Supreme Court of India Judgements

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Category: Constitution

Advocates Act Constitution

Advocates Act, 1961 — 24(1)(f) — Enrolment fees and miscellaneous charges levied by State Bar Councils (SBCs) for the admission of advocates — The petitioner challenges the SBCs’ practice of charging fees in excess of the statutory limit prescribed in Section 24(1)(f) of the Act, 1961 —Whether SBCs can charge enrolment fees beyond the express legal stipulation under Section 24(1)(f) of the Advocates Act? — Whether the SBCs’ practice of charging additional fees violates the Constitution? — The enrolment fees charged by SBCs exceed the statutory limit prescribed in Section 24(1)(f) of the Advocates Act —The additional fees charged by SBCs violate Articles 14 and 19(1)(g) of the Constitution — The Court held that Section 24(1)(f) prescribes the enrolment fee, and SBCs cannot charge additional fees beyond this limit —The court reasoned that charging excessive fees creates entry barriers for marginalized and economically weaker sections, violating the principle of substantive equality — The court clarified that all fees charged at the time of enrolment must be construed as part of the enrolment fee and cannot exceed the statutory limit.

Aug 18, 2024 sclaw

024 INSC 558 SUPREME COURT OF INDIA DIVISION BENCH GAURAV KUMAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI. and…

Constitution

Constitution of India, 1950 — Article 239AA(4) —Delhi Municipal Corporation Act, 1957 — Section 3(3)(b)(i) — The Supreme Court dismissed a writ petition challenging the Delhi Lieutenant Governor’s power to nominate persons with special knowledge in municipal administration to the Delhi Municipal Corporation (DMC) — The court held that the power of nomination under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957, as amended in 1993, is a statutory duty vested in the Lieutenant Governor and not the executive power of the Government of NCT Delhi — The court also clarified that the Lieutenant Governor is not bound by the aid and advice of the Council of Ministers in exercising this power — The court added two principles to the relations between the Union and NCT Delhi, stating that the power of nomination was incorporated to reflect the constitutional changes in the NCT Delhi’s structure and that the Lieutenant Governor is intended to act as per the mandate of the statute, not guided by the Council of Ministers’ advice.

Aug 18, 2024 sclaw

2024 INSC 578 SUPREME COURT OF INDIA FULL BENCH GOVERNMENT OF NCT OF DELHI — Appellant Vs. OFFICE OF LIEUTENANT GOVERNOR OF DELHI — Respondent ( Before : Dr Dhananjaya…

Constitution Contempt

Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 — Sections 3 and 4 — The Indian Medical Association (IMA) filed a writ petition against Patanjali Ayurved Limited, Acharya Balkrishna, and Baba Ramdev for spreading misinformation about modern medicine — Whether Patanjali violated court orders by continuing to make misleading claims about their products’ medicinal efficacy —IMA argued that Patanjali continued to make false claims about their products despite court orders prohibiting such actions — Patanjali and its representatives claimed that any misleading statements were inadvertent and offered apologies — The court found Patanjali in contempt for violating its orders and issued further restrictions on their advertising practices — The court emphasized the importance of upholding the dignity of the judiciary and preventing misleading advertisements —The court referred to the Contempt of Courts Act, 1971, and relevant case law to justify its decision —Patanjali was found in contempt, and further measures were imposed to ensure compliance with court orders.

Aug 18, 2024 sclaw

2024 INSC 605 SUPREME COURT OF INDIA DIVISION BENCH IN RE : PATANJALI AYURVED LIMITED THROUGH ITS MANAGING DIRECTOR, ACHARYA BALKRISHNA AND BABA RAMDEV IN THE MATTER OF : INDIAN…

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…

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Service

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

May 6, 2025 sclaw
I B C

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

May 6, 2025 sclaw
Cr P C

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

May 5, 2025 sclaw
Cr P C

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

May 5, 2025 sclaw