Constitution Archives - Page 36 of 79 - Supreme Court of India Judgements

Mandate of Section 207 of CrPC cannot be read as a provision etched in stone to cause serious violation of the rights of the accused as well as to the principles of natural justice – It must be emphasized that prosecution by the State ought to be carried out in a manner consistent with the right to fair trial, as enshrined under Article 21 of the Constitution.

Jun 30, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH S.P. VELUMANI — Appellant Vs. ARAPPOR IYAKKAM AND OTHERS — Respondent ( Before : N.V. Ramana, CJI, Krishna Murari and Hima Kohli, JJ. )…

Constitution

Gujarat Riots – Clean-Chit to Prime Minister Narendra Modi – Conspiracy cannot be readily inferred merely on the basis of the inaction or failure of the State administration.

Jun 29, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH ZAKIA AHSAN JAFRI — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T. Ravikumar, JJ.…

Constitution

Order of stay of investigation against sahara group companies- Held, High Court was not justified in staying the investigation and in passing the consequential directions which have been passed in the impugned orders at the interlocutory stage.

Jun 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SERIOUS FRAUD INVESTIGATION OFFICE AND OTHERS — Appellant Vs. SAHARA HOUSING INVESTMENT CORPORATION LIMITED AND OTHERS — Respondent ( Before : Dr Dhananjaya Y…

Constitution

Constitution of India, 1950 – Article 161 – It is well-settled that the advice of the State Cabinet is binding on the Governor in matters relating to commutation / remission of sentences under Article 161.

May 28, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH A.G. PERARIVALAN — Appellant Vs. STATE, THROUGH SUPERINTENDENT OF POLICE CBI/SIT/MMDA, CHENNAI, TAMIL NADU AND ANOTHER — Respondent ( Before : L. Nageswara Rao,…

Constitution

It will be advisable if the Registry issues a Circular inviting the attention of the Advocates-on-Record to this order as well as to the requirement of making compliance with clause (b) of Rule 7 of Order IV of the said Rules.

May 24, 2022 sclaw

SUPREME COURT OF INDIA SINGLE BENCH SURESH CHANDRA AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Abhay S. Oka, J. ) Miscellaneous Application No.…

Constitution

HELD it is clear that the authorities have acted arbitrarily in violation of Article 14 of the Constitution of India – the public law remedy has rightly been availed – Appeal dismissed.

May 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MIHAN INDIA LIMITED — Appellant Vs. GMR AIRPORTS LIMITED AND OTHERS — Respondent ( Before : Vineet Saran and J.K. Maheshwari, JJ. ) Civil…

Constitution

Issue of Control of Services in National Capital Delhi – It appropriate to refer the above limited question, for an authoritative pronouncement by a Constitution Bench in terms of Article 145(3) of the Constitution –

May 15, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH GOVT. OF NCT OF DELHI — Appellant Vs. UNION OF INDIA — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli,…

Constitution

If the government authority induced an expectation which was substantive, the upsetting of that expectation, through departure from the expected course of action in the absence of compelling public interest, would be so unfair, that it would amount to abuse of power –

May 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH STATE OF BIHAR AND OTHERS — Appellant Vs. SHYAMA NANDAN MISHRA — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Civil…

Constitution

HELD once the legality of closure of the old scheme was undisputed, there was no manner of right inhering with the club, to insist that its claim for any plot had to be considered. If at all, it ought to have applied under subsequent schemes, and waited like other applicants (of that scheme),

May 8, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH RITU MAHESHWARI — Appellant Vs. M/S. PROMOTIONAL CLUB — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam Sri Narasimha, JJ.…

Constitution

When the statute provides a further remedy by way of appeal against the award and even against the order passed by the learned trial Court making the award a decree of the court, the High Court ought not to have entertained the writ petition

May 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S. KELKAR AND KELKAR — Appellant Vs. M/S. HOTEL PRIDE EXECUTIVE PRIVATE LIMITED — Respondent ( Before : M. R. Shah and B.V. Nagarathna,…

Gujarat Riots – Clean-Chit to Prime Minister Narendra Modi – Conspiracy cannot be readily inferred merely on the basis of the inaction or failure of the State administration.

Order of stay of investigation against sahara group companies- Held, High Court was not justified in staying the investigation and in passing the consequential directions which have been passed in the impugned orders at the interlocutory stage.

Constitution of India, 1950 – Article 161 – It is well-settled that the advice of the State Cabinet is binding on the Governor in matters relating to commutation / remission of sentences under Article 161.

It will be advisable if the Registry issues a Circular inviting the attention of the Advocates-on-Record to this order as well as to the requirement of making compliance with clause (b) of Rule 7 of Order IV of the said Rules.

HELD it is clear that the authorities have acted arbitrarily in violation of Article 14 of the Constitution of India – the public law remedy has rightly been availed – Appeal dismissed.

Issue of Control of Services in National Capital Delhi – It appropriate to refer the above limited question, for an authoritative pronouncement by a Constitution Bench in terms of Article 145(3) of the Constitution –

If the government authority induced an expectation which was substantive, the upsetting of that expectation, through departure from the expected course of action in the absence of compelling public interest, would be so unfair, that it would amount to abuse of power –

HELD once the legality of closure of the old scheme was undisputed, there was no manner of right inhering with the club, to insist that its claim for any plot had to be considered. If at all, it ought to have applied under subsequent schemes, and waited like other applicants (of that scheme),

When the statute provides a further remedy by way of appeal against the award and even against the order passed by the learned trial Court making the award a decree of the court, the High Court ought not to have entertained the writ petition

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Criminal Procedure Code, 1973 (CrPC) — Quashing of FIR/Charge Sheet — Abuse of process of law — Repeated closure reports indicating civil dispute, subsequent investigation without Magistrate’s approval, and lack of clear evidence of criminal intent warrant quashing of proceedings.

Supreme Court of India Judgements

Category: Constitution

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