Supreme Court of India Judgements

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Category: Constitution

Constitution

Dabhol Power Corporation Limited case—— HELD In view of the long delay and in view of the fact that due to non-availability of many persons involved, no useful purpose would be served in continuing with the judicial commission of inquiry, we close the petition in the peculiar facts and circumstances of the case.

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH CENTER OF INDIAN TRADE UNIONS, A FEDERATION OF REGISTERED TRADE UNIONS — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : Ranjan Gogoi,…

Constitution

Film Bhobishyoter Bhoot.-Constitution of India, 1950 – Articles 14,19(1)(a), 19(1)(g) and 21 – Police are not in a free society the self-appointed guardians of public morality. The uniformed authority of their force is subject to the rule of law.– When the ability to portray art in any form is subject to extra constitutional authority, there is a grave danger that fundamental human freedoms will be imperiled by a cloud of opacity and arbitrary state behaviour.

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH INDIBILITY CREATIVE PVT LTD AND OTHERS — Appellant Vs. GOVT OF WEST BENGAL AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud…

Constitution

Police Act, 1861 – Sections 3 and 4 – Indian High Courts Act, 1861 – Sections 9 and 10 – Government of India Act, 1915 – Section 106 – Government of India Act, 1935 – Section 223 – Criminal Procedure Code, 1973 (CrPC) – Sections 154 and 482 – Constitution of India, 1950 – Articles 136, 142 and 226 –Whether the High Court, in exercise of jurisdiction under Article 226 of the Constitution of India can appoint a police officer after his superannuation to head a Special Investigation Team (S.I.T.) to carry out investigations and other functions, which can be exercised by a police officer under the Code of Criminal Procedure- This Court conclude that the High Court in exercise of jurisdiction under Article 226 can very well direct respondent No.2 to head the Special Investigation Team to carry out investigation and other functions after attaining the age of superannuation.

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF TAMIL NADU AND OTHERS — Appellant Vs. ELEPHANT G. RAJENDRAN AND OTHERS ETC — Respondent ( Before : Ashok Bhushan and…

Constitution

RAFALE CASE — Official Secrets Act, 1923 – Sections 3, 5 and 5(1) – Right to Information Act 2005 – Section 8(1)(a) and 8(2) – Evidence Act, 1872 – Section 123 – Rafale case – Publication of documents – There is no provision in the Official Secrets Act and no such provision in any other statute has been brought to our notice by which Parliament has vested any power in the executive arm of the government either to restrain publication of documents marked as secret or from placing such documents before a Court of Law which may have been called upon to adjudicate a legal issue concerning the parties

Apr 11, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YASHWANT SINHA AND OTHERS — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIECTOR AND ANOTHER — Respondent ( Before : Ranjan Gogoi and…

Constitution

Constitution of India, 1950, Art.227–Writ of Habeas Corpus-Custody of Child–The Central aspect to be considered by the Court is whether the custody of child can be said to be unlawful or illegal and whether the welfare of child requires that the present custody should be changed and the child should be left in the care and custody of somebody else, depending on which appropriate directions can be passed

Mar 21, 2019 sclaw

2019(1) Law Herald (SC) 575 : 2018 LawHerald.Org 2136 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr. D.Y. Chandrachud Criminal Appeal Nos.…

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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