Supreme Court of India Judgements

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Category: Constitution

Constitution

Punjab Value Added Tax Act, 2005 – Sections 62 and 62(5) – Validity of Section 62(5) of the Punjab Value Added Tax Act, 2005- HELD to be legal and valid and the condition of 25% of pre-deposit not to be onerous, harsh, unreasonable and violative of Article 14 of the Constitution of India.

Sep 30, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S TECNIMONT PVT. LTD. (FORMERLY KNOWN AS TECNIMONT ICB PRIVATE LIMITED) — Appellant Vs. STATE OF PUNJAB AND OTHERS — Respondent ( Before :…

Constitution

Finance Act, 2003 – Section 154 – Withdrawal of the exemption to the pan masala with tobacco and pan masala sans tobacco -This Court no hesitation to hold that the withdrawal of the exemption to the pan masala with tobacco and pan masala sans tobacco is in the larger public interest. As such, the doctrine of promissory estoppel could not have been invoked in the present matter. The State could not be compelled to continue the exemption, though it was satisfied that it was not in the public interest to do so.

Sep 30, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. M/S UNICORN INDUSTRIES — Respondent ( Before : Arun Mishra, M. R. Shah and B.R. Gavai,…

Constitution

It is settled law that the fundamental right under Article 30 cannot be waived.If school is a minority institution, Rule 28 of the Rules for Management of Recognized Non-Government Institutions (Aided and Unaided) 1969, cannot possibly apply as there would be a serious infraction of the right of school to administer the institution with teachers of its choice.

Sep 29, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH CHANDANA DAS (MALAKAR) — Appellant Vs. THE STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : R.F. Nariman, R. Subhash Reddy and…

Constitution

Writ Jurisdiction—A private agreement cannot oust the jurisdiction of a High Court Writ Jurisdiction—Mere existence of alternative remedy does not bar High Court from exercising its Writ Jurisdiction Contract—Conferring Jurisdiction—Parties to contract cannot exclude the jurisdiction of all Courts

Sep 15, 2019 sclaw

2019(3) Law Herald (SC) 1996 : 2019 LawHerald.Org 1247 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Honble Mrs. Justice Indira Banerjee Civil Appeal…

Constitution

Pre-Conception and Pre Natal Diagnostic Techniques (Prohibitions of Sex Selections Act, 1994, S.28–Cognizance of Offence—Inspection of Ultra Sound clinic—Inspection carried by Executive Magistrate/ Tehsildar being nominee of District Magistrate is legal and valid for the purpose of the Act 

Aug 23, 2019 sclaw

2019(3) Law Herald (SC) 1793 : 2019 LawHerald.Org 1218 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon ble Mr. Justice A.S. Bopanna Criminal Appeal No(S).…

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POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw
Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw
Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw
Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw