Supreme Court of India Judgements

46970 Judgements hosted as on 09/12/2025 - Search (FREE), Subscribe, Read & Download

Category: Constitution

Constitution

Held If the remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, a Habeas Corpus petition would indeed lie. Equally, if an order of remand is passed in an absolutely mechanical manner, the person affected can seek the remedy of Habeas Corpus. Barring such situations, a Habeas Corpus petition will not lie.

May 15, 2021 sclaw

  Thus, we would hold as follows: If the remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, a Habeas Corpus petition would…

Constitution

Appointment of ad hoc Judges – High Courts are in a crisis situation – i. The Intelligence Bureau (IB) should submit its report/inputs within 4 to 6 weeks ii. It would be desirable that the Central Government forward the file(s)/recommendations to the Supreme Court within 8 to 12 weeks iii. It would be for the Government to thereafter proceed to make the appointment immediately on the aforesaid consideration and undoubtedly if Government has any reservations on suitability or in public interest

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S. PLR PROJECTS PRIVATE LIMITED — Appellant Vs. MAHANADI COALFIELDS LIMITED AND OTHERS — Respondent ( Before : S.A. Bobde, CJI, Sanjay Kishan Kaul…

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SC/ST

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(xi) — Conviction and Requirement of Caste-Based Intention — High Court’s finding that the offence was committed “simply for reason that the complainant was belonging to scheduled caste” held perverse — No statement in court by the victim or PW-2 suggesting that the accused were motivated by the victim’s caste — Finding based on mere observation without evidence is unsustainable. (Para 20)

Dec 9, 2025 sclaw
Bharatiya Nyaya Sanhita

Bharatiya Nyaya Sanhita, 2023 — Sections 316(4), 344, 61 (2) — Bail — Appeal against grant of bail — Distinguished from cancellation of bail — An appeal against the grant of bail is not on the same footing as an application for cancellation of bail — Superior Court interference in bail grant requires grounds such as perversity, illegality, inconsistency with law, or non-consideration of relevant factors including gravity of the offense and societal impact — The Court must not conduct a threadbare analysis of evidence at the bail stage, but the order must reflect application of mind and assessment of relevant factors — Conduct of the accused subsequent to the grant of bail is not a ground for appeal against grant of bail, but for cancellation. (Paras 7, 8)

Dec 9, 2025 sclaw
I P C

Penal Code, 18602 (IPC) — Sections 302 and 460 — Appreciation of Evidence — Prior Enmity and Delayed Disclosure of Accused’s Name — Where the star eyewitness (PW-2), the wife of the deceased, provided a detailed account of the assault to the informant (PW-1) immediately after the incident, but failed to name the accused in the First Information Report (FIR), this omission is fatal to the prosecution case, especially when there existed a palpable prior enmity between the witness’s family and the accused (who was the brother of the deceased’s second wife). (Paras 28, 31, 40, 41, 45)

Dec 9, 2025 sclaw
SC/ST

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) — Section 3(1)(s) — Essential ingredient — Requirement of caste-based abuse occurring “in any place within public view” — Interpretation — For an offence under Section 3(1)(s) to be made out, the place where the utterance is made must be open, enabling the public to witness or hear the abuse — Abuse uttered within the four corners of a house, where public members are not present, does not satisfy the requirement of being “within public view” — Allegation that casteist abuses were hurled inside the complainant’s residence does not meet the statutory requirement — House of the complainant cannot be considered “within public view.” (Paras 9, 10, 11, 13)

Dec 9, 2025 sclaw