Constitution Archives - Page 42 of 73 - Supreme Court of India Judgements

December 13, 2025 6:24 am

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.)…

Constitution

Constitution of India, 1950 – Article 136 – Imposition of costs for wastage of judicial time – Amount to be recovered from the officers responsible for the delay in filing the

Feb 7, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. RADHEY SHYAM — Respondent ( Before : Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy, JJ.…

Constitution

Right to property is still a constitutional right under Article 300A of the Constitution of India though not a fundamental right – Deprivation of the right can only be in accordance with the procedure established by law – Provisions of the Act had to be complied with to deprive a person of the land being surplus

Jan 24, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH BAJRANGA (DEAD) BY LRS. — Appellant Vs. THE STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Dinesh Maheshwari…

Constitution

Costs For ‘Wastage Of Judicial Time’ To Be Recovered From Officers Responsible For Delay In Filing

Jan 23, 2021 sclaw

Costs of Rs. 25,000 each on the States of Uttar Pradesh and Karnataka for their “lethargy and incompetence” in approaching the Apex Court after a delay of hundred and thousand days. We have repeatedly discouraged…

Constitution

As per guidance note dated 11.11.2020 issued by Government of India, Ministry of Women and Child Development, all States/Union Territories who have not yet opened Anganwadi Centres shall take a decision to open Anganwadi Centres on or before 31.01.2021 situated outside the containment zone.

Jan 17, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH DIPIKA JAGATRAM SAHANI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah,…

Constitution

Revenue legislation also provides its own internal discipline – Short circuiting this should not become a ruse for flooding this court with petitions which can, should and must be addressed before the competent fora. Writ allowed to be withdrawn.

Jan 17, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH DEVENDRA DWIVEDI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : D.Y. Chandrachud, Indira Banerjee and Sanjiv Khanna, JJ. )…

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Cr P C

Criminal Procedure Code (CrPC), 1973 — Section 436-A — Applicability — Undertrial detention exceeding half of maximum sentence — Section 436-A mandates release of undertrial prisoners who have undergone detention extending up to one-half of maximum period of imprisonment specified for the offence, unless further detention is ordered with reasons — Exception: This provision is explicitly inapplicable to offences for which the punishment of death has been specified as one of the possible punishments under that law. (Paras 7, 9.2, 11)

Dec 12, 2025 sclaw

Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8(c) read with 20(b)(ii)(C) and 29(1) — Conviction for possession of commercial quantity of ganja (23.500 kg) and conspiracy — Appeal against concurrent findings of lower courts — Absence of independent witnesses — Failure to secure independent witnesses is not fatal to the prosecution case, especially under the NDPS Act, if the testimonies of official witnesses are consistent, coherent, and credible, and no material doubt is raised in cross-examination. (Paras 12, 18, 20, 21, 22)

Dec 12, 2025 sclaw

General Insurance Service

Insurance Scheme — PMGKY Package — Requisition of Services of Private Doctors — The invocation of special laws (Epidemic Diseases Act, 1897) and implementing regulations (Maharashtra COVID-19 Regulations, 2020), coupled with executive actions such as the NMMC notice directing private dispensaries to remain open under threat of penal action (IPC S. 188), constitutes a “requisition” of services for doctors and health professionals under the scheme requirements — A narrow interpretation of “requisition” requiring specific individual appointment letters is rejected due to the compelling, emergent circumstances of the pandemic. (Paras 23-26, 30(a))

Dec 12, 2025 sclaw

Property Matters Rent

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Scope and Applicability — Overriding Effect over State Rent Control Legislations — Whether PP Act 1971 prevails over State Rent Control Acts (such as Maharashtra Rent Control Act, 1999 or Delhi Rent Control Act, 1958) regarding eviction from ‘Public Premises’ defined under Section 2(e) — Both PP Act 1971 and State Rent Control Acts are special laws; conflict resolved by legislative purpose and policy, which dictates that PP Act 1971 must prevail — A person in unauthorised occupation of public premises cannot invoke the protection of the Rent Control Act. (Paras 2, 5.6.3, 5.7.1, 5.8.2, 13(i), 13(ii), 13(iv))

Dec 12, 2025 sclaw

Category: Constitution

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