Supreme Court of India Judgements

467730 Judgements hosted as on 20/04/2025 - Search (FREE), Subscribe, Read & Download

Category: Constitution

Constitution

HELD – without expressing anything on the validity of the caste certificate issued in favour of the appellant – This Court set aside the impugned judgment and order passed by the High Court and remand the matter to the Scrutiny Committee to consider the validity of the caste certificate issued in favour of the appellant afresh along with the cases of his father and his cousins.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RUSHIKESH BHARAT GARUD — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Constitution

HELD we are of the view that in order to curtail the pendency before the High Courts and for speedy disposal of the appeals concerning payment of compensation to the victims of road accident, it would be just and proper to consider constituting ‘Motor Vehicle Appellate Tribunals’ by amending Section 173 of the Motor Vehicles Act so that the appeals challenging the award of a Tribunal could be filed before the Appellate Tribunal so constituted. The Registry is directed to send a copy of this Judgement to the Secretary, Department of Justice, Ministry of Law and Justice, forthwith.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RASMITA BISWAL AND OTHERS — Appellant Vs. DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED AND ANOTHER — Respondent ( Before : S. Abdul Nazeer and…

Constitution

Foreign Exchange Management Act, 1999 – Section 10(4) and 11(1) – Clause 2(iii) of the Merchanting Trade Transactions Guidelines was a proportionate measure in ensuring the availability of sufficient domestic stock of PPE products – Measure was validly enacted, in pursuance of legitimate state interest and did not disproportionately impact the fundamental rights – Hence, Clause 2(iii) passes muster under Articles 14, 19(1)(g) and 21

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH AKSHAY N PATEL — Appellant Vs. RESERVE BANK OF INDIA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and…

Constitution

Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 penalizes several misconducts of a sexual nature and imposes a mandate on all public and private organizations to create adequate mechanisms for redressal. However, the existence of transformative legislation may not come to the aid of persons aggrieved of sexual harassment if the appellate mechanisms turn the process into a punishment.

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. MUDRIKA SINGH — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S. Bopanna, JJ. )…

Constitution

Division Bench of the High Court has not at all considered and/or given any specific findings on the possession being taken over by the Tehsildar on 25.04.1988. There is no discussion at all on the aspect whether the possession taken over by the Tehsildar. It appears that solely on the ground that the payment of compensation has not been made and ad interim order was operating, the High Court has quashed and set aside the orders passed by the Competent Authority as well as the First Appellate Court. HELD Remanded to High Court

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ORISSA AND OTHERS — Appellant Vs. SAKHI BEWA (DEAD) THROUGH LRS. — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ.…

Constitution

Loan waiver to small and marginal farmers – It is settled law that a scheme cannot be held to be constitutionally suspect merely because it was based on an electoral promise – A scheme can be held suspect only within the contours of the Constitution, irrespective of the intent with which the scheme was introduced – Appeal is allowed.

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF TAMIL NADU AND ANOTHER — Appellant Vs. NATIONAL SOUTH INDIAN RIVER INTERLINKING AGRICULTURIST ASSOCIATION — Respondent ( Before : Dr. Dhananjaya Y.…

Constitution

Rights of Persons with Disability Act, 2016 – Sections 2(r) and 17(i) – Persons with Disabilities – Examinations – Relaxation – National Testing Agency (NTA), as an examining body, was bound to scrupulously enforce the Guidelines for Written Examinations which provides for specific relaxations – NTA must remember that all authority under the law is subject to responsibility, and above all, to a sense of accountability.

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AVNI PRAKASH — Appellant Vs. NATIONAL TESTING AGENCY (NTA) AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S. Bopanna, JJ.…

Constitution

ESI – HELD interest demanded from the appellant is in terms of Regulation 31-A of the said Regulations. In the writ petition filed by the appellant before the Gujarat High Court, in Letters Patent Appeal and in this appeal, the appellant has not challenged the validity of the Regulation 31-A. It must be noted here that the Judgment and Order dated 10th July 2006 of the Gujarat High Court affirming the liability of the appellant to pay contribution from 30th March 1975 onwards has attained finality and therefore, the liability of the appellant to pay contribution as demanded cannot be questioned.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE TRANSPORT CORPN. OF INDIA LIMITED THROUGH SANTNU PATRA MANAGER – LEGAL — Appellant Vs. EMPLOYEES STATE INSURANCE CORPN. AND OTHERS — Respondent (…

Constitution

ADVOCATE SENIOR GOWN – Constitution of India, 1950 – Articles 32 and 142 – Making allegations of impropriety against the Institution of the High Court – Withdrawal of Senior Gown – Contempt of Court – This Court views of the High Court but still endeavour to give one more and last chance to the petitioner – In a way this can really be done by recourse to Article 142 of the Constitution of India as there is merit in the contention of the learned counsel for the High Court that there is no real infringement of the fundamental rights of the petitioner – Ends of justice would be served by seeking to temporarily restore the designation of the petitioner for a period of two years from 1.1.2022.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YATIN NARENDRA OZA — Appellant Vs. HIGH COURT OF GUJARAT — Respondent ( Before : Sanjay Kishan Kaul and R. Subhash Reddy, JJ. )…

Constitution

Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 – Section 5 – Haryana Development and Regulation of Urban Areas Act, 1975 – Section 3 – Grant of licence to set up a group housing colony – – Principle of First Come First Serve basis adopted in grant of licences is not a valid consideration, the only consequence available was to cancel such licence which have been granted based on the so­called alleged practice which is unsustainable in law and in our considered view no error was committed in passing the order of cancellation of grant of licence to the Appellants under the judgment impugned – Appeal dismissed.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANANT RAJ LIMITED (FORMERLY M/S. ANANT RAJ INDUSTRIES LIMITED) — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Ajay Rastogi…

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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