Supreme Court of India Judgements

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Category: Constitution

Constitution

Assam Rural Health Regulatory Authority Act, 2004 – – A State Legislature has no legislative competence to enact a law in respect of modern medicine or allopathic medicine contrary to the said standards that have been determined by the Central Law – Indian Medical Council Act, 1956 and the Rules and Regulations made thereunder

Jan 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BAHARUL ISLAM AND OTHERS — Appellant Vs. THE INDIAN MEDICAL ASSOCIATION AND OTHERS — Respondent ( Before : B.R. Gavai and B.V. Nagarathna, JJ.…

Constitution

HELD restricted interim order, allowing the Purse Seine Fishing beyond the territorial waters of Tamil Nadu, but within the Exclusive Economic Zone, with certain conditions – Only registered fishing vessel will be given permission – The Fisheries Department will give permission to such boats only, which are installed with an approved Vessel Tracking System – These vessels will be allowed to operate only twice a week – It shall be mandatory for all the sailors to keep their biometric card/photo ID with them – Fisheries Department of the State shall also give a colour code to these Purse Seine Fishing Boats – The Registration Number of these vessels shall be prominently displayed on the boat

Jan 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FISHERMAN CARE, REGISTERED ASSOCIATION — Appellant Vs. THE GOVERNMENT OF INDIA, DEPARTMENT OF ANIMAL HUSBANDRY, DAIRYING AND FISHERIES REP. BY ITS SECRETARY AND OTHERS…

Constitution

To continue with the temporary acquisition for number of years would be arbitrary and can be said to be infringing the right to use the property guaranteed under Article 300A of the Constitution of India – Even to continue with the temporary acquisition for a longer period can be said to be unreasonable, infringing the rights of the landowners to deal with and/or use the land.

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANUBHAI SENDHABHAI BHARWAD AND ANOTHER — Appellant Vs. OIL AND NATURAL GAS CORPORATION LIMITED AND OTHERS — Respondent ( Before : M.R. Shah and…

Constitution

Coal Bearing Areas (Acquisition and Development) Act, 1957 – Section 2(d), 11, 13 and 18(a) – Payment to State Governments in lieu of royalty – State being person interested in the land shall be entitled to the compensation/rental over and the amount of royalty leviable/payable under Section 18(a) of the Act, 1957

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAHANADI COALFIELDS LIMITED — Appellant Vs. STATE OF ODISHA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Constitution

Himachal Pradesh Motor Vehicles Taxation Act, 1972 – Section 3A(3) – Levy of Additional Special Road Tax – Constitutional Validity – Tax imposed under Section 3A(3) is regulatory in character and is not a penalty – Legislatures of the State have not only the power to make laws on the taxation to be imposed on motor vehicles as also the passengers and goods being transported by motor vehicles but also the power to lay down principles on which taxes on vehicles are to be levied –

Jan 17, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH THE STATE OF HIMACHAL PRADESH AND OTHERS — Appellant Vs. GOEL BUS SERVICE KULLU ETC. ETC. — Respondent ( Before : Sanjay Kishan Kaul,…

Constitution Housing Property Matters

Chandigarh Administration shall not sanction any plan of a building which ex facie appears to be a modus operandi to convert a single dwelling unit into three different apartments occupied by three strangers; and no Memorandum of Understanding (MoU) or agreement or settlement amongst co­owners of a residential unit shall be registered nor shall it be enforceable in law for the purpose of bifurcation or division of a single residential unit into floor­ wise apartments –

Jan 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RESIDENT’S WELFARE ASSOCIATION AND ANOTHER — Appellant Vs. THE UNION TERRITORY OF CHANDIGARH AND OTHERS — Respondent ( Before : B.R. Gavai and B.V.…

Constitution

The Courts are meant to do justice and cannot compel a person to do something which was impossible for him to do – It is directed that the payment of Rs.1,24,28,500/- already deposited by the appellant be appropriated towards settlement dues under “Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019” and the appellant be issued discharge certificate.

Jan 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. SHEKHAR RESORTS LIMITED (UNIT HOTEL ORIENT TAJ) — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M. R. Shah…

Constitution

IMP : Demonetization – Recommendation – Scheme mandates that before the Central Government takes a decision with regard to demonetization, it would be required to consider the recommendation of the Central Board – The word “recommendation” would mean a consultative process between the Central Board and the Central Government.

Jan 8, 2023 sclaw

SUPREME COURT OF INDIA CONSTITUTION BENCH VIVEK NARAYAN SHARMA — Appellant Vs. UNION OF INDIA — Respondent ( Before : S. Abdul Nazeer, B.R. Gavai, A.S. Bopanna, V. Ramasubramanian and…

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Constitution

Constitution of India, 1950 — Article 32 — Criminal Procedure Code, 1973 (CrPC) — Sections 154, 173 — Clubbing/Transfer of FIRs — Multiple FIRs registered against petitioners in different jurisdictions arising from same set of transactions relating to a real estate project — Held, multiplicity of FIRs and parallel investigations on same facts leads to avoidable multiplicity of proceedings, conflicting findings and serious prejudice to the accused — Principle laid down in T.T — Antony v — State of Kerala, (2001) 6 SCC 181, that there cannot be multiple FIRs for the same occurrence or transaction, squarely applies — FIR No. 30/2019 (EOW, Delhi) directed to be transferred and clubbed with FIR No. 439/2024 (Gurugram, Haryana) for investigation — Blanket direction restraining coercive steps in future FIRs declined, but petitioners permitted to avail remedies in law if future FIRs are based on the same transaction.

May 24, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Abuse of Process of Court — Discharge of Accused — Vague Allegations — Where allegations in FIR and charge sheet are general and do not specify the role of the accused, continuation of criminal proceedings amounts to abuse of process of court and may cause prejudice.

May 24, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Section 2(2), Order 20 Rule 18 — Preliminary vs. Final Decree — A Preliminary Decree declares rights and liabilities, leaving actual results to be worked out in further proceedings — A Final Decree is passed after further inquiries, completely disposing of the suit — A Preliminary Decree cannot be executed directly unless it is partly final — Provisions of Order 20 Rule 18 allow a court to pass a Preliminary Decree declaring rights and giving further directions if partition cannot be conveniently made without further inquiry in suits for partition of immovable property — The Supreme Court noted that the High Court erred by focusing on the nomenclature of the decree rather than its executable portions, especially when the property was not divisible by metes and bounds.

May 24, 2026 sclaw
Constitution Narcotics Unlawful Activities (Prevention) Act

Unlawful Activities (Prevention) Act, 1967 — Section 43-D(5) — Bail — Constitutional Courts’ power to grant bail — The Supreme Court reiterated that statutory restrictions on bail under the UAP Act do not oust the power of constitutional courts to grant bail on grounds of violation of fundamental rights, particularly the right to a speedy trial under Article 21 of the Constitution — The Court emphasized that the rigors of Section 43-D(5) can “melt down” when there is no likelihood of trial completion within a reasonable time and the period of incarceration is substantial.

May 24, 2026 sclaw