Supreme Court of India Judgements

37260 Judgements hosted as on 28/05/2026 - Search (FREE), Subscribe, Read & Download

Category: Constitution

Constitution

Bihar Electricity Duty Act, 1948 – Section 3(1), 6B(1) and 5A Held, While a High Court would normally not exercise its writ jurisdiction under Article 226 of the Constitution if an effective and efficacious alternate remedy is available, the existence of an alternate remedy does not by itself bar the High Court from exercising its jurisdiction in certain contingencies – Issues raised by the appellant are questions of law which require, upon a comprehensive reading of the Bihar Electricity Act, a determination of whether tax can be levied on the supply of electricity by a power generator (which also manufactures sugar)

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S MAGADH SUGAR AND ENERGY LIMITED — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud,…

Constitution

S L P – HELD There is a delay of approximately six years in preferring the special leave petition – No sufficient cause has been shown explaining the huge delay of six years – It is required to be noted that after the impugned judgment and order has been passed by the High Court enhancing the compensation to Rs. 28.12 Per Square Yard, in fact, the respondents accepted the judgment. Dismissed

Oct 2, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BIHARI (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna,…

Constitution

HELD 1) The construction of the toll plaza at 194 kilometre was not illegal or arbitrary; (2) The direction by the High Court, to shift toll plaza, cannot be upheld and it is liable to be set aside; (3) The appellants will look at the barricades (closing of service roads) in regard to the toll plaza and permit such barricades only as are permitted in Rule 17 of the Rules. Any unauthorised barricades will be removed without any delay and at any rate within 2 weeks from today.

Oct 2, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL HIGHWAYS AUTHORITY OF INDIA AND OTHERS — Appellant Vs. MADHUKAR KUMAR AND OTHERS — Respondent ( Before : K.M Joseph and S. Ravindra…

Constitution

HELD Our answer with respect to the first prayer in Miscellaneous Application No. 1465 of 2021 will be sufficient to take care of the issue of special audit dealt with in the resolution dated 27.10.2020. The urgency spelt out in the report dated 31.08.2021, however, calls for immediate action. We, therefore, direct that the special audit, as referred to hereinabove, with respect to Sree Padmanabhaswamy Temple and SPSTT be completed as early as possible and preferably within three months from the date of this order.

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SRI MARTHANDA VARMA (D) TH. LRS. AND OTHERS — Appellant Vs. STATE OF KERALA AND OTHERS — Respondent ( Before : Uday Umesh Lalit,…

Constitution

Judicial Review – Tender jurisdiction – Purpose is to check whether the choice of decision is made lawfully and not to check whether the choice of decision is sound. In evaluating tenders and awarding contracts, the parties are to be governed by principles of commercial prudence – To that extent, principles of equity and natural justice have to stay at a distance.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  UFLEX LIMITED — Appellant Vs. GOVERNMENT OF TAMIL NADU AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ. )…

Constitution

Labour Court Award – Jurisdiction – Transfer of proceedings from Allahabad High Court to Uttaranchal High Court -Judicial discipline/propriety demand to respect the order passed by the Coordinate Bench and more particularly the judicial order passed by the Coordinate Bench of the High Court, in the present case the Allahabad High Court which as such was not under challenge before it – No error was committed by the High Court of Allahabad permitting the appellants to withdraw the writ petition pending before it with the liberty to file a fresh writ petition before the court having jurisdiction.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH JAL VIDYUT NIGAM LIMITED AND OTHERS — Appellant Vs. BALBIR SINGH — Respondent ( Before : M.R. Shah and Aniruddha Bose, JJ.…

Constitution

Central Vigilance Commission Act, 2003 – Section 25, 25(a) and 25(f) – General Clauses Act, 1897 – Section 21 – Principal Special Director in Enforcement Directorate – Extension of tenure – Section 25(f) of the CVC Act has to be read as the tenure of office of the Director of Enforcement is for a minimum period of two years – There is no proscription on the Government to appoint a Director of Enforcement beyond a period of two years

Sep 18, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMON CAUSE (A REGISTERED SOCIETY) — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

Constitution

Scheduled Caste Reservation for post of Mayor in Municipal Corporation Held :- Dominant intent of the said Rules is to give effect to the reservation policy while ensuring that reservations are not repeated in particular Corporations and at the same time in all the Corporations, there shall be reservation, at some point of time, for all the eligible categories by rotation – Legislative intent is to exclude the Corporations which were earlier reserved for a particular category until all the categories are provided reservation.

Sep 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SANJAY RAMDAS PATIL — Appellant Vs. SANJAY AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) Civil Appeal…

Constitution

Appellant has raised false pleas and attempted to mislead Court, while the officials of NOIDA have not acted bona fide in the discharge of their duties – Appellant has stooped to the point of producing a fabricated sanctioned plan – Therefore, This Court confirm the directions of the High Court including the order of demolition and for sanctioning prosecution – Illegal Construction – Violation of building norms – Sanction of prosecution – Reimbursement to flat owners – Conclusion and directions

Sep 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUPERTECH LIMITED — Appellant Vs. EMERALD COURT OWNER RESIDENT WELFARE ASSOCIATION AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R.…

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Direct Taxation Income Tax

the reasoning in the impugned judgment that the non-obstante clause would not in any manner dilute or override the employer’s obligation to deposit the amounts retained by it or deducted by it from the employee’s income, unless the condition that it is deposited on or before the due date, is correct and justified. The non-obstante clause has to be understood in the context of the entire provision of Section 43B which is to ensure timely payment before the returns are filed, of certain liabilities which are to be borne by the assessee in the form of tax, interest payment and other statutory liability. I

May 28, 2026 sclaw
Anticipatory Bail Bail Declined

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Grant of — Grounds for — High Court granted anticipatory bail based on reasons that one co-owner was abroad during agreement execution, agreement was only notarized and not registered, part payment received, and complainant sought refund indicating civil dispute — Supreme Court found these reasons to be peripheral and not bearing direct nexus to parameters governing anticipatory bail — Seriousness of allegations, criminal antecedents, and requirements of investigation in economic offence were overlooked by High Court.

May 28, 2026 sclaw
Cheque Dishonour

Negotiable Instruments Act, 1881 (NI Act) — Sections 138 and 141 — Quashing of criminal proceedings — Vicarious liability of office bearers — For a person other than the drawer or signatory of a dishonoured cheque to be prosecuted under Section 141 of the NI Act, it must be specifically averred in the complaint that such person was in charge of and responsible for the conduct of the business of the company or society at the time the offence was committed.

May 28, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Scope of powers of Court to set aside or modify arbitral award — Modification of award is a limited power compared to annulment, aimed at achieving more just outcomes and avoiding hardship and delay, especially in India where litigation takes years — Appellate jurisdiction under Section 37 is coterminous with and as broad as jurisdiction under Section 34.

May 28, 2026 sclaw