Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Category: Constitution

Constitution

Allegations were based on WhatsApp status messages that were considered to promote disharmony or feelings of enmity, specifically regarding the abrogation of Article 370 and Independence Day of Pakistan – The Court analyzed the intention behind the messages, referencing past judgments and the importance of freedom of speech under Article 19(1)(a) of the Constitution – The Court quashed the FIR, stating that the appellant’s messages were an expression of protest within his rights, and continuing the prosecution would be an abuse of the process of law

Mar 9, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAVED AHMAD HAJAM — Appellant Vs. STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. )…

Constitution

Bribery: Not protected by parliamentary privilege, as it is not in respect of anything said or any vote given by a member, and it is a criminal offence that does not arise out of the exercise of legislative functions Courts and House: Exercise parallel jurisdiction over allegations of bribery, as the House can take disciplinary action to restore its dignity, while the courts can prosecute the offenders under the criminal law The majority judgment in PV Narasimha Rao v. State (CBI/SPE) did not consider the evolution of law in the US and relied solely on the dissenting opinion in United States v. Brewster to conclude that members of Parliament in India are immune from prosecution for bribery under Article 105(2) of the Constitution

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA 7 JUDGE BENCH SITA SOREN — Appellant Vs. UNION OF INDIA — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI, A.S. Bopanna, M.M. Sundresh, Pamidighantam…

Constitution

Rupa Ashok Hurra vs. Ashok Hurra & Anr (2002) 4 SCC 388 – This landmark case established the concept of curative petitions and the requirements for filing them – We do not think any case has been made out by the appellant for invoking the curative jurisdiction to take relook into the appellants case. Hence, we refrain from entertaining the curative petitions. We do not think any purpose would be served in sending the matter back to the Chamber Judge for instructions in the given circumstances.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S BRAHMAPUTRA CONCRETE PIPE INDUSTRIES ETC. ETC. — Appellant Vs. THE ASSAM STATE ELECTRICITY BOARD AND OTHERS — Respondent ( Before : Aniruddha Bose…

Constitution

Refund of excess price paid over the notified price in e-auction – The Supreme Court allowed the appeal of the appellant and directed the respondent to pay the refund amount with interest @ 12% per annum for the relevant periods, within two months, failing which the officers concerned would be personally liable.

Mar 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. DOMCO SMOKELESS FUELS PVT. LTD — Appellant Vs. STATE OF JHARKHAND AND OTHERS — Respondent ( Before : B.R. Gavai and Sandeep Mehta,…

Constitution

Implement Community Kitchens to combat hunger, malnutrition and starvation in the country – Court has also reiterated that the scope of judicial review in examining policy matters is very limited, and the Courts cannot direct the States to implement a particular policy or scheme on the ground that a better, fairer or wiser alternative is available – The Court has disposed of the writ petition with these observations.

Mar 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANUN DHAWAN AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal, JJ.…

Constitution Election Laws

Chandigarh Mayor Election: Supreme Court quashed the election result and declared the appellant as the validly elected candidate for the post of Mayor – It also issued a notice to the presiding officer to show cause why criminal proceedings should not be initiated against him under Section 340 of the Code of Criminal Procedure 1973.

Mar 3, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH KULDEEP KUMAR — Appellant Vs. — Respondent U.T. CHANDIGARH AND OTHERS ( Before : Dr. Dhananjaya Y Chandrachud, CJI., J B Pardiwala and Manoj…

Constitution

Electoral Bond Scheme, the proviso to Section 29C(1) of the Representation of the People Act 1951 (as amended by Section 137 of Finance Act 2017), Section 182(3) of the Companies Act (as amended by Section 154 of the Finance Act 2017), and Section 13A(b) (as amended by Section 11 of Finance Act 2017) are violative of Article 19(1)(a) and unconstitutional

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA CONSTITUTION BENCH ASSOCIATION FOR DEMOCRATIC REFORMS AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI.,…

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C P C

A party should not suffer due to the negligence of their counsel, and a restoration application under Order IX Rule 13 of the CPC can serve as an application for condonation of delay if it explains the reasons for the delay, so that courts should focus on the merits of a case rather than being hindered by procedural technicalities A. Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — An application under Order 9 Rule 13 can also serve as an application for condonation of delay — The court cites Bhagmal and Ors Vs. Kunwar Lal and Others, to support its finding that where the delay in filing an application under Order 9 Rule 13 of the CPC is explained within the application itself, there is no need for a separate application for condonation of delay — The court emphasizes that the procedure is a handmaid of justice, and hyper-technical interpretations of rules should not stand in the way of achieving a just outcome.

Dec 28, 2024 sclaw
Anticipatory Bail

Anticipatory bail should not be granted routinely, especially in serious offenses like murder, and that courts must consider the severity of the charges, the evidence, and the materials on record, including the charge sheet Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court’s decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant’s nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence, including the charge sheet which stated that the case against the accused persons was found to be true — The Supreme Court directed the respondents to surrender to the trial court and apply for regular bail, to be considered on its merits — The Supreme Court’s decision underscores the importance of a thorough review of case details and allegations before granting anticipatory bail, especially in cases of serious crimes.

Dec 28, 2024 sclaw
Service

Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants’ continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their work was perennial and fundamental, requiring their classification as regular posts — The court also found that the appellants’ abrupt termination was unjustified and violated principles of natural justice, and the argument against their regularization based on educational qualifications was untenable — The court noted discriminatory practices as other employees with similar or shorter service had been regularized — The court clarified that the Uma Devi judgment was not intended to penalize employees who have served long years in essential roles and that “irregular” appointments should be considered for regularization, especially when they are not “illegal” and the employees have served continuously against sanctioned functions.

Dec 28, 2024 sclaw
Child Custody Matrimonial

For best interest and welfare of the child are the paramount considerations when determining visitation rights A. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child’s health and well-being must not be compromised in the process of adjudicating parental rights. B. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Both parents have a right to the care, company, and affection of their child — However, this right is not absolute and must be balanced with the need to protect the child’s welfare — In this case, the court acknowledges the father’s right to visit his daughter but ensures that these visits do not negatively impact the child. C. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Matrimonial disputes and serious allegations between parents should not impede a child’s right to the care and company of both parents — The court separates the child’s welfare from the conflict between the parents. D. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Visitation arrangements must not cause undue hardship to the child — The court modified the High Court’s order, which required the child to travel 300 kilometers every Sunday, as it was deemed detrimental to the child’s health and well-being. E. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The location for visitation must be convenient and in the best interest of the child — The court changed the visitation location from Karur to Madurai, which is closer to the child’s residence, in order to prioritize the child’s comfort and convenience. F. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Supervised visitation may be necessary, especially for young children — The court directed that the father’s visits should occur in a public place, with the mother present (though at a distance), due to the child’s young age and unfamiliarity with the father.

Dec 28, 2024 sclaw