Supreme Court of India Judgements

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Category: Constitution

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…

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…

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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