Constitution Archives - Page 37 of 69 - Supreme Court of India Judgements

April 28, 2025 9:49 pm

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…

Constitution

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.…

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I P C

Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good

Apr 20, 2025 sclaw

Corporate

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

Apr 20, 2025 sclaw

Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw

Circumstantial Evidence I P C

Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence

Apr 20, 2025 sclaw

Category: Constitution

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