Supreme Court of India Judgements

46740 Judgements hosted as on 02/03/2025 - Search (FREE), Subscribe, Read & Download

Category: Constitution

Constitution Service

Judicial Services – Judicial Appointment – Minimum qualifying marks in the viva voce test for appointment to the District Judiciary in the States of Bihar and Gujarat – The petitioners argue that the prescription of minimum qualifying marks for viva voce is arbitrary and unreasonable and violates their fundamental rights under Articles 14 and 16 of the Constitution – The respondents argue that the selection process is legally valid and in accordance with the relevant rules and regulations – The court concludes that the prescription of minimum qualifying marks for viva voce is permissible and is not in violation of the law laid down by the Supreme Court in All India Judges Association and Others vs. Union of India and Others – The court also finds that the impugned selection process in the State of Bihar and Gujarat is legally valid and is upheld – The court further concludes that the non-consultation with the Public Service Commission would not render the Gujarat Rules, 2005 (as amended in 2011) void – The writ petitions are dismissed without any order on cost.

May 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABHIMEET SINHA AND OTHERS — Appellant Vs. HIGH COURT OF JUDICATURE AT PATNA AND OTHERS — Respondent ( Before : Hrishikesh Roy and Prashant…

Constitution Municipal Laws

West Bengal Municipal(Building) Rules, 2007 – Rule 50 – Open spaces for building in areas other than municipalities in hill areas – The appellants challenge the High Court of Calcutta’s order regarding a contempt petition related to their residential property construction and its compliance with Rule 50 of Rules, 2007 – The appellants argue that the writ petition was a private matter and should not have been entertained by the High Court – They also claim that municipal authorities are unfairly pressuring them due to the contempt proceedings – The respondent claims that the appellants violated the sanctioned building plan, justifying the High Court’s direction for an enquiry – The Supreme Court allowed the appellants to challenge the enquiry report and show cause notice, ensuring their objections would be considered objectively without prejudice from the contempt or writ proceedings – The court expressed reservations about the High Court’s exercise of writ jurisdiction in a private dispute and suggested the civil court as the appropriate forum for grievances – The appeal was disposed of with the appellants given the liberty to challenge the enquiry report and show cause notice, without cost order.

May 5, 2024 sclaw

2024I NSC3 79 SUPREME COURT OF INDIA DIVISION BENCH DR. RANBEER BOSE AND ANOTHER — Appellant Vs. ANITA DAS AND ANOTHER — Respondent ( Before : B.R. Gavai and Sandeep…

Constitution Election Laws

EVM and VVPAT – Reliability – The petitioners challenged the reliability of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems, suspecting potential manipulation and demanding transparency in the voting process – The core issues revolved around the integrity of EVMs, the adequacy of VVPAT verification, and the fundamental right of voters to know their votes are correctly recorded and counted – Petitioner argued for a return to paper ballots, provision of VVPAT slips to voters, or 100% counting of VVPAT slips alongside electronic counts, citing concerns over EVM transparency and voter confidence – The Election Commission of India (ECI) defended the EVMs’ success in ensuring free, fair, and transparent elections, highlighting technological safeguards against tampering and the benefits over paper ballots – The Court upheld the current EVM and VVPAT system, dismissing the petitions and suggesting improvements for transparency without disrupting the ongoing electoral process – The Court relied on past precedents, the ECI’s robust procedures, and the absence of cogent material evidence against EVMs to reject the petitions – The judgment referenced constitutional provisions, electoral laws, and previous rulings to support the ECI’s position and the current electoral practices – The Supreme Court concluded that the EVMs and VVPAT systems are reliable, and the petitions were dismissed based on the lack of substantial evidence against the current electoral process.

Apr 27, 2024 sclaw

2024 INSC 341 SUPREME COURT OF INDIA DIVISION BENCH ASSOCIATION FOR DEMOCRATIC REFORMS — Appellant Vs. ELECTION COMMISSION OF INDIA AND ANOTHER — Respondent ( Before : Sanjiv Khanna and…

Constitution Tenders & Contracts

The Supreme Court set aside the Division Bench’s order, restored the Single Judge’s order, and allowed the appeal, emphasizing the principles of delay and latches in judicial proceedings – The Court reasoned that the writ petitioner’s delay in asserting rights and acquiescence to the Corporation’s actions warranted dismissal of the writ petition – The Court cited precedents stating that delay defeats equity and that the High Court may refuse to exercise its extraordinary powers if there is negligence or omission on the part of the applicant – The appeal was allowed, and the writ petition was dismissed on the grounds of delay and latches, with no order as to costs.

Apr 27, 2024 sclaw

2024 INSC 314 SUPREME COURT OF INDIA DIVISION BENCH MRINMOY MAITY — Appellant Vs. CHHANDA KOLEY AND OTHERS — Respondent ( Before : Pamidighantam Sri Narasimha and Aravind Kumar, JJ.…

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Stamp Act State Laws

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Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw