Constitution Archives - Page 36 of 68 - Supreme Court of India Judgements

January 13, 2025 10:37 pm

Jurisdiction of the High Court to examine the correctness, legality and propriety of determination of any dispute by the Tribunal is reserved with the High Court – Nomenclature of the proceedings as a petition under Article 226 or a petition under Article 227 is wholly inconsequential and immaterial.

Apr 10, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH KIRAN DEVI — Appellant Vs. THE BIHAR STATE SUNNI WAKF BOARD AND OTHERS — Respondent ( Before : Ashok Bhushan, S. Abdul Nazeer and…

Constitution

Stay on release of fresh electoral bonds – that certain safeguards have already been provided by this Court in its interim order dated 12.4.2019 – No justification for the grant of stay at this stage – Applications for stay dismissed.

Mar 29, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH ASSOCIATION FOR DEMOCRATIC REFORMS AND ANOTHER — Appellant Vs. UNION OF INDIA OTHERS — Respondent ( Before : S.A. Bobde, CJI., A.S. Bopanna and…

Constitution

Permanent Commission for Women Officers (Army) – Evaluation criteria set by the Army constituted systemic discrimination against the petitioners – Pattern of evaluation deployed by the Army, to implement the decision in Secretary, Ministry of Defence v. Babita Puniya, (2020) 7 SCC 469 disproportionately affects women – This disproportionate impact is attributable to the structural discrimination against women, by dint of which the facially neutral criteria of selective ACR evaluation and fulfilling the medical criteria to be in SHAPE-1 at a belated stage, to secure PC disproportionately impacts them vis-à-vis their male counterparts.

Mar 29, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LT. COL. NITISHA AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.…

Constitution

Loan moratorium case – There shall not be any charge of interest on interest/compound interest/penal interest for the period during the moratorium from any of the borrowers and whatever the amount is recovered by way of interest on interest/compound interest/penal interest for the period during the moratorium, the same shall be refunded and to be adjusted/given credit in the next instalment of the loan account – There is no rational to restrict such relief with respect to loans up to Rs. 2 crores only

Mar 28, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SMALL SCALE INDUSTRIAL MANUFACTURES ASSOCIATION (REGD.) — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy…

Constitution

State Election Commissioners appointed under Article 243K in the length and breadth of India have to be independent persons who cannot be persons who are occupying a post or office under the Central or any State Government –

Mar 21, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH STATE OF GOA AND ANOTHER — Appellant Vs. FOUZIYA IMTIAZ SHAIKH AND ANOTHER — Respondent ( Before : Rohinton Fali Nariman, B.R. Gavai and…

Constitution

Nature of modification which has been made by the High Court order in the form of an ad-hoc interim arrangement is exceeding its jurisdiction, and not within the realm of power of judicial review to be exercised under Article 226 of the Constitution. It is well settled that by an interim order, even the final relief ordinarily should not be granted.

Mar 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PUNE METROPOLITAN REGIONAL DEVELOPMENT AUTHORITY (PMRDA) — Appellant Vs. PRAKASH HARKACHAND PARAKH AND OTHERS — Respondent ( Before : Indu Malhotra and Ajay Rastogi,…

Constitution

Constitution of India, 1950 – Article 142 – COVID-19 – Almost all the Courts and Tribunals are functioning either physically or by virtual mode – In view of the changing scenario relating to the pandemic, the extension of limitation should come to an end – Directions issued.

Mar 9, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION ( Before : S. A. Bobde, CJI., L. Nageswara Rao and S. Ravindra Bhat, JJ. ) Suo…

Constitution

Multiple Complaints By The Same Party Against The Same Accused In Respect Of The Same Incident Impermissible

Mar 8, 2021 sclaw

that any further complaint by the same complainant or others against the same accused, subsequent to the registration of a case, is prohibited under the Code because an investigation in…

Constitution

Constitution – Art 226 – (CrPC) – S 482 – Inherent jurisdiction – Court is satisfied that criminal proceedings amount to an abuse of process of law or that it amounts to bringing pressure upon accused, in exercise of inherent powers, such proceedings can be quashed.

Mar 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KAPIL AGARWAL AND OTHERS — Appellant Vs. SANJAY SHARMA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ.…

Constitution

Supreme Court had taken suo motu cognizance of the problems faced by migrant labourers “who have been stranded in different parts of the country.” The Court had issued notice to the Centre and all states and union territories, directing them to submit their responses to tackle this “urgent” situation.

Feb 28, 2021 sclaw

[COVID-19 Migrant Crisis] 90% of migrants already transported, argues SG Tushar Mehta; Supreme Court reserves order for June 9 Debayan Roy Jun 5, 2020, 4:01 PM IST The Supreme Court today…

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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

Category: Constitution

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