Supreme Court of India Judgements

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Category: Constitution

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…

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.…

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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