Supreme Court of India Judgements

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Category: Constitution

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…

Constitution

Constitution of India, 1950 – Articles 14 and 226 – Allotment of quarters – Ex-employees of Mills – Right to equality – No justification at all in treating 318 ex-employees different from those 134 ex-employees who were allotted 200 Sq. Yards of plots free of cost – As such the equals are treated unequally and therefore, when the equals are treated unequally, there is a violation of Article 14 of the Constitution and therefore, the appellants were entitled to the relief sought even in exercise of powers under Article 226 of the Constitution of India.

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MODIFIED VOLUNTARY RETIREMENT SCHEME OF 2002 OF AZAM JAHI MILL WORKERS ASSOCIATION — Appellant Vs. NATIONAL TEXTILE CORPORATION LIMITED AND OTHERS — Respondent (…

Constitution

Procedure adopted by the High Court disposing writ petition by permitting / allowing the original writ applicant to modify its offer and that too in exercise of powers under Article 226 of the Constitution is unsustainable and unknown to law -HELD Once the writ of mandamus was issued, instead of disposing of the writ petition, the High Court ought to have allowed the writ petition – Impugned order passed by the High Court is unsustainable in as such no reasons whatsoever have been assigned by the High Court on merits.

Oct 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VAIBHAVI ENTERPRISE — Appellant Vs. NOBEL CERA COAT AND OTHERS — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil Appeal…

Constitution

Legal Services Authorities Act, 1987 – Sections 20(3) and 20(5) – Jurisdiction of Lok Adalat – Lok Adalat has no jurisdiction at all to decide the matter on meris once it is found that compromise or settlement could not be arrived at between the parties – Impugned order passed by the Lok Adalat dismissing the writ petition on merits is unsustainable and deserves to be quashed and set aside.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ESTATE OFFICER — Appellant Vs. COLONEL H.V. MANKOTIA (RETIRED) — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil Appeal No.…

Constitution

Government houses/flats are meant for serving Government employees. Post retirement, the government employees including Kashmiri Migrants are granted pensionary benefits including monthly pension – Classification made in favour of Government employees who were Kashmiri Migrants stands on the same footing as that of other Government employees or public figures – There cannot be any justification on the basis of social or economic criteria to allow the Kashmiri Migrants to stay in Government accommodation for indefinite long period.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. OMKAR NATH DHAR (D) THROUGH L.RS. — Respondent ( Before : Hemant Gupta and A.S. Bopanna,…

Constitution

Bihar Electricity Duty Act, 1948 – Section 3(1), 6B(1) and 5A Held, While a High Court would normally not exercise its writ jurisdiction under Article 226 of the Constitution if an effective and efficacious alternate remedy is available, the existence of an alternate remedy does not by itself bar the High Court from exercising its jurisdiction in certain contingencies – Issues raised by the appellant are questions of law which require, upon a comprehensive reading of the Bihar Electricity Act, a determination of whether tax can be levied on the supply of electricity by a power generator (which also manufactures sugar)

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S MAGADH SUGAR AND ENERGY LIMITED — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud,…

Constitution

S L P – HELD There is a delay of approximately six years in preferring the special leave petition – No sufficient cause has been shown explaining the huge delay of six years – It is required to be noted that after the impugned judgment and order has been passed by the High Court enhancing the compensation to Rs. 28.12 Per Square Yard, in fact, the respondents accepted the judgment. Dismissed

Oct 2, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BIHARI (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna,…

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Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Jan 12, 2025 sclaw
Maintenance

A decree for restitution of conjugal rights does not automatically disqualify a wife from receiving maintenance under Section 125 of the Cr.P.C., and the court must assess whether the wife had sufficient reason to refuse to live with her husband despite the decree

Jan 12, 2025 sclaw
Service

Constitution of India, 1950 — Article 309 — Executive Orders as Recruitment Rules — The court affirms that in the absence of formal rules framed under Article 309 of the Constitution, executive orders issued by the government can serve as the governing recruitment rules — Specifically, Government Order (G.O.) dated 07th April, 2008 is recognized as the applicable executive order for the Medical Education Service.

Jan 12, 2025 sclaw
Limitation

Section 4 of the Limitation Act applies to the 3-month limitation period under Section 34(3) of the Arbitration and Conciliation Act (ACA), but not to the 30-day condonable period, and Section 10 of the General Clauses Act (GCA) does not apply to Section 34(3) of the ACA.

Jan 12, 2025 sclaw