Constitution Archives - Page 37 of 68 - Supreme Court of India Judgements

January 13, 2025 5:12 pm

Policy decisions – It is the settled principle of law that policy decisions are open for judicial review by this Court for a very limited purpose and this Court can interfere into the realm of public policy so framed if it is either absolutely capricious.

Feb 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH RACHNA AND OTHERS — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : A.M. Khanwilkar, Indu Malhotra and Ajay Rastogi, JJ.…

Constitution

Constitution of India, 1950 – Article 226 – Swatantrata Sainik Samman Pension Scheme – When application for grant of pension is already rejected, such rejection order has become final, it is not open to make a claim for second time for pension again by way of fresh application.

Feb 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. A. ALAGAM PERUMAL KONE AND OTHERS — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ.…

Constitution

Sexual harassment against Ex. Chief Justice of India – Not able obtain various records including electronic records of Whatsapp, Telegram etc. – the proceedings are accordingly closed and the Suo Motu petition is disposed of.

Feb 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH IN RE : MATTER OF GREAT PUBLIC IMPORTANCE TOUCHING UPON THE INDEPENDENCE OF JUDICIARY- MENTIONED BY SHRI TUSHAR MEHTA, SOLICITOR GENERAL OF INDIA (…

Constitution

Appellant has a disability in the form of dysgraphia, commonly known as a Writer’ Cramp – Appellant requested the UPSC to provide him with a scribe for the examination – Appeal allowed.

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH VIKASH KUMAR — Appellant Vs. UNION PUBLIC SERVICE COMMISSION AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, Indira Banerjee and Sanjiv…

Constitution

Relief has been sought is (i) cancellation of all the agreements; (ii) refund of moneys to purchasers; and in the alternative (iii) ensuring that the construction is carried out and that the premises are handed over within a reasonable period of time -Entertaining a petition of this nature will involve the Court in virtually carrying out a day to day supervision of a building project

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UPENDRA CHOUDHURY — Appellant Vs. BULANDSHAHAR DEVELOPMENT AUTHORITY AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M. R. Shah, JJ.…

Constitution

Recalling of order – Merely because the order might not be in favour of the applicant earlier, cannot be a ground for recusal – A litigant cannot be permitted to browbeat the Court by seeking a Bench of its choice.

Feb 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEELAM MANMOHAN ATTAVAR — Appellant Vs. MANMOHAN ATTAVAR (D) THROUGH LRS — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and M.R. Shah, JJ.…

Constitution

Recording of Reasons – It is not necessary in the matter below to record elaborate reasons but since these matters are carried forward to this Court, the reasons, albeit brief, have to be recorded to facilitate this Court to understand

Feb 13, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUNITA AGRAWAL — Appellant Vs. BHANWARLAL AND ANOTHER — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ. ) Civil Appeal No.…

Constitution

Wastage of judicial time – Imposition of costs – Amount be recovered from the officers responsible for the delay in filing the Special Leave Petition.

Feb 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. R. JAYASANKARAN — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ. ) SLP…

Constitution

Constitution of India, 1950 – Article 136 – Imposition of Costs for Wastage of Judicial Time – Amount be recovered from the officers responsible for the delay in filing the Special Leave Petition.

Feb 7, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH GOVERNMENT OF NCT OF DELHI — Appellant Vs. SANDEEP KUMAR AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh…

Constitution

Constitution of India, 1950 – Article 137 – Review petition – Rejection of Miscellaneous Application seeking recall of a judgment cannot be precluded from filing the present review petition – Rectification of an order emanates from the fundamental principles that justice is above all

Feb 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJENDRA KHARE — Appellant Vs. SWAATI NIRKHI AND OTHERS — Respondent ( Before : Ashok Bhushan and Indu Malhotra, JJ. ) Review Petition (Crl.)…

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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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