Supreme Court of India Judgements

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Category: Constitution

Constitution

University Grants Commission Act, 1956 – Issuance of writ of quo warranto to set aside the appointment of Vice Chancellor – Therefore, any appointment as a Vice Chancellor contrary to the provisions of the UGC Regulations can be said to be in violation of the statutory provisions, warranting a writ of quo warranto – This is a fit case to issue a writ of quo warranto and to quash and set aside the appointment of Vice Chancellor.

Mar 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GAMBHIRDAN K GADHVI — Appellant Vs. THE STATE OF GUJARAT AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Constitution

Re-auction – re-auction of the entire properties by fixing the upset price higher than what has been fixed earlier, the auction purchaser who purchased the property in the year 1998- Valuation as on the date of auction is the relevant consideration and not the value after so many years

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K. KUMARA GUPTA — Appellant Vs. SRI MARKENDAYA AND SRI OMKARESWARA SWAMY TEMPLE AND OTHERS — Respondent ( Before : M.R. Shah and B.V.…

Constitution

Constitution of India, 1950 – Article 15(1) and 19(1)(g) – Maharashtra Police Act, 1951 – Section 33(1)(w)(i) and 33(w)(ii) and 162(1) – Licensing and Performance for Public Amusement including Cabaret Performance, Melas and Tamashas Rules, 1960 – Rules 108A, 109, 118, 207 and 209- Condition limiting female performers in bars – Restriction directly transgresses Article 15(1) and Article 19(1)(g)-

Feb 27, 2022 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH HOTEL PRIYA, A PROPRIETORSHIP — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat,…

Constitution

Kerala Motor Vehicle Rules,1989 – Rule 174(2)(c) – Under Rule 174(2)(c) of Kerala Motor Vehicle Rules,1989 – discretion will have to be exercised reasonably, fairly as the facts and circumstance would clearly demonstrate – For instance, where the vehicle sought to be substituted is marginally and inconsequentially older than the vehicle covered under the permit, the Authority may perhaps be justified in permitting such an application

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH REGIONAL TRANSPORT AUTHORITY AND ANOTHER — Appellant Vs. SHAJU ETC. — Respondent ( Before : K.M. Joseph and Pamidighantam Sri Narasimha, JJ. ) Civil…

Constitution

Reinstatement of woman Additional District Judge, who complained of sexual harassment against the judge of the Madhya Pradesh High Court and resigned in 2014 – Petitioner’s resignation from the post of Additional District & Sessions Judge, Gwalior dated 15th July 2014, cannot be construed to be voluntary – directed to re­instate the petitioner forthwith as an Additional District & Sessions Judge

Feb 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MS. X — Appellant Vs. REGISTRAR GENERAL, HIGH COURT OF MADHYA PRADESH AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R.…

Constitution

Benefit of parity or equality – A principle, axiomatic in this country’s constitutional lore is that there is no negative equality – In other words, if there has been a benefit or advantage conferred on one or a set of people, without legal basis or justification, that benefit cannot multiply, or be relied upon as a principle of parity or equality – Candidates could not claim the benefit of parity

Feb 20, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH R. MUTHUKUMAR AND OTHERS — Appellant Vs. THE CHAIRMAN AND MANAGING DIRECTOR TANGEDCO AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S.…

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.…

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Constitution

Constitution of India, 1950 — Articles 14, 21 — Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Substantive Equality and Inclusion — Scope and Spirit — The measure of a just society demands the removal of barriers for all citizens to realize their potential, transforming formal equality into substantive inclusion — Constitutional vision requires every person, regardless of physical or sensory limitation, to participate with dignity — Rights guaranteed to persons with disabilities are expressions of the constitutional promise of equality, dignity, and non-discrimination, not acts of benevolence. (Paras 1, 12, 13)

Dec 4, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against sitting/former legislators — Application must disclose reasons for withdrawal and records of the case must be before the High Court — Absence of requisite permission from the High Court means that the withdrawal application cannot be granted and the criminal proceedings cannot be quashed on this ground — High Court’s rejection of quashing petition confirmed. (Paras 2, 7, 9, 10)

Dec 4, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 313 — Examination of Accused — Object and Scope — Non-compliance with mandatory requirement — Fair Trial — The object of Section 313 CrPC is to ensure a fair trial by providing the accused with an opportunity to explain all incriminating circumstances appearing in the prosecution evidence against them personally — It is a mandatory, non-negotiable obligation upon the Court and is not a mere formality; it is based on the cardinal principle of natural justice (audi alterum partem) — The statement cannot be the sole basis for conviction and is neither substantive nor a substitute piece of evidence. (Paras 6, 7.1, 7.2)

Dec 3, 2025 sclaw
Property Matters

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 14(1) — Mandamus to acquire land — Power of State Government to acquire land for Slum Rehabilitation Scheme — Preferential Right of Owner — The power of the State Government to acquire land under Section 14 read with Section 3D(c)(i) of the Slum Act is subject to the preferential right of the owner to redevelop the area — Acquisition is not warranted when the owner is willing to undertake development in exercise of their preferential right, and the process must be kept in abeyance until such right is extinguished — No mandamus can be issued to the State Government to acquire the subject property under Section 14 of the Slum Act where the subsequent purchaser from the original owner (Respondent No. 4) has a subsisting preferential right to develop the property. (Paras 63, 64, 71, 72, 77(1))

Dec 3, 2025 sclaw