Supreme Court of India Judgements

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Category: Constitution

Constitution Corporate

Writ jurisdiction under Article 226 of the Constitution is not absolutely barred by the statutory arbitration mechanism under the MSMED Act and can be exercised in exceptional cases, such as violations of fundamental rights, natural justice, or jurisdictional errors, despite the availability of alternative remedies

Jan 26, 2025 sclaw

2025 INSC 91 SUPREME COURT OF INDIA FULL BENCH M/S TAMIL NADU CEMENTS CORPORATION LIMITED Vs. MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL AND ANOTHER ( Before : Sanjiv Khanna, CJI,…

Service Matters
Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw

2024 INSC 921 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. SAROJ DEVI — Respondent ( Before : Abhay S. Oka and Augustine George…

Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw

2024 INSC 922 SUPREME COURT OF INDIA FULL BENCH OACHIRA PARABRAHMA TEMPLE AND ANOTHER — Appellant Vs. G. VIJAYANATHAKURUP AND OTHERS — Respondent ( Before : Sanjiv Khanna, CJI., Sanjay…

Constitution

Constitution of India, 1950 — Article 21 — Right to Fair Investigation — The Court emphasizes that the petitioner has a fundamental right to a fair investigation and trial, which is inherently linked to the right to life and personal liberty under Article 21 of the Constitution of India. – Transfer of Investigation to Independent Agencies — The Court clarifies that while no party has an absolute right to choose the investigating agency, transfer of an investigation to an independent agency like the CBI or SIT can be ordered in exceptional circumstances — Such transfers are justified when there are serious allegations against high-profile officials, political interference is suspected, or the integrity of the investigation is in doubt.

Dec 8, 2024 sclaw

2024 INSC 930 SUPREME COURT OF INDIA DIVISION BENCH KABIR SHANKAR BOSE — Appellant Vs. STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : B. V. Nagarathna and…

Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw

2024 INSC 789 SUPREME COURT OF INDIA 5 JUDGES BENCH IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 ( Before : Dhananjaya Y Chandrachud, CJI., Surya Kant, M.M.…

Constitution

Child Marriages — Restraint of — The petitioner, an NGO, argues that despite the Prohibition of Child Marriage Act, child marriages remain prevalent in India —They seek stronger enforcement and support systems for child brides —The main issue is the failure of authorities to prevent child marriages and the need for effective guidelines and enforcement mechanisms — The petitioner highlights the high rate of child marriages, the ineffectiveness of Child Marriage Prohibition Officers (CMPOs), and the need for comprehensive support for child brides — The Union of India attributes child marriages to societal perceptions and economic pressures, and outlines various government programs aimed at reducing child marriages —The court acknowledges the persistence of child marriages and the need for stronger enforcement and support systems — The court emphasizes the socio-economic determinants of child marriage and the need for a multi-faceted approach to address the issue — The court refers to various laws and international conventions that recognize child marriage as a violation of human rights — The court calls for comprehensive measures, including legal enforcement, judicial measures, community involvement, awareness campaigns, and support systems for child brides.

Oct 21, 2024 sclaw

2024 INSC 790 SUPREME COURT OF INDIA FULL BENCH SOCIETY FOR ENLIGHTENMENT AND VOLUNTARY ACTION AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before :…

Constitution

Citizenship Act, 1955 — Sections 5(1)(b) and 8(2) — Grant of Indian Citizenship — Respondent born in Singapore in 1999 to Indian parents who later renounced their Indian citizenship, applied to resume Indian citizenship in 2017 —Whether respondent is entitled to resume Indian citizenship under Section 8(2) and if he qualifies as a person of Indian origin under Section 5(1)(b) — Petitioner argued he is entitled to Indian citizenship based on his grandparents’ birth in undivided India and his parents’ birth in independent India — The Union of India contended that respondent’s parents lost Indian citizenship upon acquiring Singapore citizenship, making respondent ineligible under the cited sections — The Supreme Court ruled that respondent is not entitled to resume Indian citizenship under Section 8(2) or Section 5(1)(b) — The court found that respondent’s parents ceased to be Indian citizens by operation of law when they acquired Singapore citizenship, and thus Section 8(2) does not apply — The court emphasized the plain language of the Citizenship Act, stating that equitable considerations cannot override statutory provisions — The appeal by the Union of India was allowed — However respondent may apply for citizenship under Section 5(1)(f).

Oct 21, 2024 sclaw

2024 INSC 792 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. PRANAV SRINIVASAN — Respondent ( Before : Abhay S Oka and Augustine George Masih, JJ.…

Constitution

Airport Economic Regulatory Authority of India Act 2008 — Sections 3 and 31 — The Airports Economic Regulatory Authority (AERA) challenged judgments of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) regarding tariff determination for aeronautical services — Whether AERA, a quasi-judicial body, can file an appeal against TDSAT’s judgment — AERA argued that it has the right to appeal under Section 31 of the AERA Act — The respondents contended that AERA, being a quasi-judicial body, cannot appeal against TDSAT’s decisions — The Supreme Court examined the maintainability of AERA’s appeals and the nature of its functions — The court analyzed whether tariff determination is an adjudicatory function and the role of quasi-judicial bodies in appeals — The court discussed the principles of natural justice, the distinction between quasi-judicial and regulatory functions, and relevant case law — The judgment clarified the scope of AERA’s powers and the legal framework governing its appeals.

Oct 20, 2024 sclaw

2024 INSC 791 SUPREME COURT OF INDIA FULL BENCH AIRPORTS ECONOMIC REGULATORY AUTHORITY OF INDIA — Appellant Vs. DELHI INTERNATIONAL AIRPORT LTD. AND OTHERS — Respondent ( Before : Dr…

Advocates Act Constitution

In view of the said Notice/Circular dated 30.12.2022 and in furtherance of the afore-stated order passed by the Coordinate Bench, it is directed that the Advocates on-Record may mark the appearances of only those Advocates who are authorized to appear and argue the case on the particular day of hearing. Such names shall be given by the Advocate on Record on each day of hearing of the case as instructed in the Notice. If there is any change in the name of the arguing Advocate, it shall be duty of the concerned Advocate-on-Record to inform the concerned Court Master in advance or at the time of hearing of the case. The concerned Officers/Court Masters shall act accordingly.

Oct 2, 2024 sclaw

2024 INSC 708 SUPREME COURT OF INDIA DIVISION BENCH BHAGWAN SINGH — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Bela M. Trivedi and Satish Chandra…

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POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw
Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw
Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw
Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw