Constitution Archives - Page 57 of 69 - Supreme Court of India Judgements

CBI–Interim suspension of Director of Central Bureau of Investigation by Central Vigilance Commission without formation of High Powered Committee, set aside.

Mar 26, 2019 sclaw

2019(1) Law Herald (SC) 268 : 2019 LawHerald.Org 2064 (2019) AIR(SC) 438 : (2019) 1 Scale 257 SUPREME COURT OF INDIA FULL BENCH ALOK KUMAR VERMA — Appellant Vs. UNION OF INDIA…

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.…

Constitution

Scheduled Caste (Prevention of Atrocities) —Minimum Sentence—High Court cannot award sentence less than the minimum sentence (six months) as prescribed by the statute.

Mar 17, 2019 sclaw

2019(1) Law Herald (SC) 507 : 2019 LawHerald.Org 597 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Hemant Gupta Criminal Appeal No. 208 of 2019 (Arising out of…

Civil Cases Constitution

Wakf-Jurisdiction of Wakf Tribunal-Bar of Jurisdiction of Civil Court-Right, title and interest of a non-Muslim to the Wakf property is to be adjudicated by Wakf Tribunal where dispute pleaded is that suit property is not Wakf property.

Mar 3, 2019 sclaw

2019(1) Law Herald (SC) 459 : 2019 LawHerald.Org 552 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No.…

Constitution

Writ of Habeas Corpus—Police Custody—Writ of habeas corpus could not be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate.

Mar 3, 2019 sclaw

(2018) 105 ACrC 291 : (2018) 190 AIC 122 : (2018) AIR(SCW) 4167 : (2018) AIR(SC) 4167 : (2018) 3 ALT(Crl) 154 : (2018) 4 BomCR(Cri) 1 : (2018) 4…

Constitution

Constitution of India, 1950, Art. 19 (2)–Ban on Book HELD the creativity and the author’s perception of the uni verse are to be borne in mind. What is true to poetry is applicable to novels or any creative writing. It has to be kept uppermost in mind that the imagination of a writer has to enjoy freedom. It cannot be asked to succumb to specifics. That will tantamount to imposition. A writer should have free play with words, like a painter has it with colours. The passion of imagination cannot be directed.

Mar 3, 2019 sclaw

2019(1) Law Herald (SC) 396 : 2018 LawHerald.Org 2130 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Mishra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…

Constitution

Writ appeal–Dismissal on cryptic grounds–In matters involving constitutionality, it would not be open for High Court to dismiss writ appeals on cryptic grounds.

Feb 25, 2019 sclaw

2009(1) LAW HERALD (SC) 524 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia The Hon’ble Mr. Justice Aftab Alam Civil Appeal No. 272 OF 2009…

Constitution

Right to Dignity—Death Row Prisoner is entitled to have interview with his family and friends; to have discussions with his lawyer and meeting mental health professionals.

Feb 24, 2019 sclaw

2019(1) Law Herald (SC) 142 : 2018 LawHerald.Org 2052 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr.…

Constitution

Appointment–Appointment of a Govt. servant is prerogative of particular Govt., particularly, when it is a sensitive appointment of DGP–Doctrine of judicial review would not extend to upset such appointment

Feb 3, 2019 sclaw

2009(1) LAW HERALD (SC) 349 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Markandey Katju The Hon’ble Mr. Justice V.S. Sirpurkar Writ Petition (C) No. 219 of…

Constitution

Election symbol–A recognized political party would have a right of exclusive use of the symbol but the Symbols Order makes it very clear that such right to use the symbol can be lost with the dismal performance of the party.

Jan 26, 2019 sclaw

2009(1) LAW HERALD (SC) 294 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ashok Bhan The Hon’ble Mr. Justice V.S.Sirpurkar Civil Appeal No. 5803 of 2008 (Arising…

CBI–Interim suspension of Director of Central Bureau of Investigation by Central Vigilance Commission without formation of High Powered Committee, set aside.

Scheduled Caste (Prevention of Atrocities) —Minimum Sentence—High Court cannot award sentence less than the minimum sentence (six months) as prescribed by the statute.

Wakf-Jurisdiction of Wakf Tribunal-Bar of Jurisdiction of Civil Court-Right, title and interest of a non-Muslim to the Wakf property is to be adjudicated by Wakf Tribunal where dispute pleaded is that suit property is not Wakf property.

Writ of Habeas Corpus—Police Custody—Writ of habeas corpus could not be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate.

Writ appeal–Dismissal on cryptic grounds–In matters involving constitutionality, it would not be open for High Court to dismiss writ appeals on cryptic grounds.

Right to Dignity—Death Row Prisoner is entitled to have interview with his family and friends; to have discussions with his lawyer and meeting mental health professionals.

Appointment–Appointment of a Govt. servant is prerogative of particular Govt., particularly, when it is a sensitive appointment of DGP–Doctrine of judicial review would not extend to upset such appointment

Election symbol–A recognized political party would have a right of exclusive use of the symbol but the Symbols Order makes it very clear that such right to use the symbol can be lost with the dismal performance of the party.

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Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Supreme Court of India Judgements

Category: Constitution

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