Supreme Court of India Judgements

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Category: Constitution

Constitution

Constitution of India, 1950 – Article 142 – Bearing in mind these exceptional facts and circumstances, by means of the saving clause in the Repealing Act, 2018, the Manipur Legislature could not have infused life into a legislation, which was recognised by the Legislature itself as unconstitutional and thereby, a nullity, prompting its repeal.

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH THE STATE OF MANIPUR AND OTHERS — Appellant Vs. SURJAKUMAR OKRAM AND OTHERS — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and…

Constitution

Contract with respect to Mega projects HELD Considering the special peculiarities of such foreign sovereign funded development contracts, which can be envisaged and exist only due to the availability of the investment and willingness of the foreign sovereign country to finance such infrastructure project, the said contracts assume the different characteristics. Therefore, there shall be different considerations so far as the judicial interference is concerned between the foreign funded contracts and the ordinary public works contracts funded from public exchequer.

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL HIGH SPEED RAIL CORPORATION LIMITED — Appellant Vs. MONTECARLO LIMITED AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ.…

Constitution

Maharashtra Legislative Assembly Rules – Rules 8, 53 and 106 – Quashing of Maharashtra Assembly’s Resolution to Suspend – One ­year suspension is worse than “expulsion”, “disqualification” or “resignation” — insofar as the right of the constituency to be represented before the House/Assembly is concerned – In that, long suspension is bound to affect the rights harsher than expulsion wherein

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH ASHISH SHELAR AND OTHERS — Appellant Vs. THE MAHARASHTRA LEGISLATIVE ASSEMBLY AND ANOTHER — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T.…

Constitution

Constitution of India, 1950 – Articles 16(4) and 16(4-A) – Reservation in Promotions – Unit for Collecting Quantifiable Data – Before providing for reservation in promotions to a cadre, the State is obligated to collect quantifiable data regarding inadequacy of representation of SCs and STs -Collection of information regarding inadequacy of representation of SCs and STs cannot be with reference to the entire service or ‘class’/’group’ but it should be relatable to the grade/category of posts to which promotion is sought

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH JARNAIL SINGH AND OTHER — Appellant Vs. LACHHMI NARAIN GUPTA AND OTHER — Respondent ( Before : L. Nageswara Rao, Sanjiv Khanna and B.R.…

Constitution

Reservation – No mandamus can be issued by the Court directing the State Government to provide for reservation – No writ of mandamus can be issued directing the State to collect quantifiable data to justify their action not to provide for reservation – If the under-representation of Scheduled Casts and Scheduled Tribes in public services is brought to the notice of the Court, no mandamus can be issued by the Court to the State Government to provide for reservation

Jan 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF PUNJAB — Appellant Vs. ANSHIKA GOYAL AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Constitution

Hon’ble Prime Minister Shri Narendra Modi Security Case – Security lapse – Questions cannot be left to be resolved through one­sided enquiries – A judicially trained independent mind, duly assisted by officers who are well acquainted with the security considerations and the Registrar General of the High Court who has seized the record pursuant to earlier order, would be best placed

Jan 19, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH LAWYERS VOICE — Appellant Vs. THE STATE OF PUNJAB AND OTHERS — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli,…

Constitution

Constitution of India, 1950 – Article 226 – Quashing of fresh assessment – Appeal against – in the present case the fresh assessments have gone against the respective dealers. Therefore, as such the respective dealers were required to prefer the appeals before the First Appellate Authority against the fresh assessment orders – High Court quashing and setting aside the fresh assessment orders in the writ petitions under Article 226 of the Constitution of India are unsustainable.

Jan 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ANDHRA PRADESH AND OTHERS — Appellant Vs. S. PITCHI REDDY — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Constitution

HELD Bar Council of India may consider empanelling experienced and seasoned advocates and/or retired judicial officers to act as Inquiry Officers where an inquiry would be necessitated. On such inquiry being concluded the report of the Inquiry Officers could be received by the Bar Council of India and may issue suitable directions to the State Bar Council to enlist a panel of Inquiry Officers for the purpose of conducting the inquiry on behalf of the Bar Council of India in the respective States itself and on conclusion of the said inquiry to transmit the inquiry report to the Bar Council of India for enabling it to take it further action in the matter.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K. ANJINAPPA — Appellant Vs. K.C. KRISHNA REDDY AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal…

Constitution

Char Dham highway – In exercise of judicial review, cannot second-guess the infrastructural needs of the Armed Forces – Need of the Army will be sub-served better by disaster resistant roads of a smaller dimension – Submission of the appellants requires the Court to override the modalities decided upon by the Army and the MoD to safeguard the security of the nation’s borders -Submission of the appellants requires the Court to interrogate the policy choice of the establishment which is entrusted by law with the defence of the nation – This is impermissible – Application Allowed.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH CITIZENS FOR GREEN DOON AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Surya…

You missed

I P C

Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good

Apr 20, 2025 sclaw
Corporate

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

Apr 20, 2025 sclaw
Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw
Circumstantial Evidence I P C

Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence

Apr 20, 2025 sclaw