Constitution Archives - Page 40 of 72 - Supreme Court of India Judgements

October 20, 2025 8:48 am

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.…

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…

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Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand.

Oct 12, 2025 sclaw

Evidence Act

Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility.

Oct 12, 2025 sclaw

Anticipatory Bail Corruption

Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.

Oct 12, 2025 sclaw

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence.

Oct 12, 2025 sclaw

Category: Constitution

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