Supreme Court of India Judgements

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Category: Constitution

Constitution

VIRTUAL CURRENCY (VC) CASE :: Reserve Bank of India Act, 1934 – Section 45JA and 45L – Banking Regulation Act, 1949 – Section 35A read with 36(1)(a) and 56 – Payment and Settlement Systems Act, 2007 – Section 10(2) read with Section 18 – Virtual currencies – Position as on date is that VCs are not banned

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH INTERNET AND MOBILE ASSOCIATION OF INDIA — Appellant Vs. RESERVE BANK OF INDIA — Respondent ( Before : Rohinton Fali Nariman, Aniruddha Bose and…

Constitution

Constitution of India, 1950 – Articles 14, 19 (1) (a), 19 (1) (c) and 21 – Organisation of political nature – Any organisation which habitually engages itself in or employs common methods of political action like ‘bandh’ or ‘hartal’ ,’rasta roko’, ‘rail roko’ or ‘jail bharo’ in support of public causes can also be declared as an organisation of political nature, according to the guideline prescribed in Rule 3 (vi) – Foreign Contribution (Regulation) Act, 2010

Mar 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDIAN SOCIAL ACTION FORUM (INSAF) — Appellant Vs. UNION OF INDIA — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ. )…

Constitution

Constitution of India, 1950 – Articles 370 and 370(2) – Abrogation of Article 370 – Refering the issue of scrapping Article 370 in Jammu and Kashmir to a larger bench – There is no conflict between the judgments in the Prem Nath Kaul v. State of Jammu and Kashmir, AIR 1959 SC 749 and the Sampat Prakash v. State of Jammu and Kashmir, AIR 1970 SC 1118 – Plea of the counsel to refer the present matter to a larger Bench is rejected.

Mar 3, 2020 sclaw

SUPREME COURT OF INDIA CONSTITUTION BENCH DR. SHAH FAESAL AND OTHERS — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : N.V. Ramana, Sanjay Kishan Kaul, R.…

Constitution

Boycott Of Courts Can’t Be Justified As Freedom Of Speech & Expression : SC On Lawyers’ Strikes HELD “To go on strike/boycott courts cannot be justified under the guise of the right to freedom of speech and expression under Article 19(1)(a) of the Constitution. Nobody has the right to go on strike/boycott courts. Even, such a right, if any, cannot affect the rights of others and more particularly, the right of Speedy Justice guaranteed under Articles 14 and 21 of the Constitution”,

Feb 29, 2020 sclaw

Boycott Of Courts Can’t Be Justified As Freedom Of Speech & Expression : SC On Lawyers’ Strikes [Read Judgment] LIVELAW NEWS NETWORK 28 Feb 2020 5:11 PM The Supreme Court…

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Constitution

Passports Act, 1967 — Sections 5, 6(2)(f), 7, 8, 9, 10, and 22 — Refusal to issue or re-issue a passport due to pending criminal proceedings — Exemption under Section 22 via Notification GSR 570(E) dated 25.08.1993 — Section 6(2)(f) bars issuance if criminal proceedings are pending, but this is subject to “other provisions of this Act,” including Section 22 — GSR 570(E) exempts persons facing criminal proceedings if they obtain permission from the concerned criminal court — This exemption is structured, tying validity and use to the court’s order; it permits issuing a passport where the criminal court allows renewal and retains judicial supervision over foreign travel. (Paras 7.2, 7.6, 7.8, 8, 9, 10, 12, 15, 25)

Dec 30, 2025 sclaw
Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw
Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw