Supreme Court of India Judgements

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Category: Constitution

Constitution

Candidates Must Also Disclose Criminal Cases In Which Cognizance Has Been Taken By Court “……….information should be furnished in Form 26, which includes information concerning cases in which a competent Court has taken cognizance (Entry 5(ii) of Form 26).” CM, Maharashtra case.

Oct 2, 2019 sclaw

"..........information should be furnished in Form 26, which includes information concerning cases in which a competent Court has taken cognizance (Entry 5(ii) of Form 26). This is apart from and…

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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Constitution

Constitution of India, 1950 — Articles 14, 21 — Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Substantive Equality and Inclusion — Scope and Spirit — The measure of a just society demands the removal of barriers for all citizens to realize their potential, transforming formal equality into substantive inclusion — Constitutional vision requires every person, regardless of physical or sensory limitation, to participate with dignity — Rights guaranteed to persons with disabilities are expressions of the constitutional promise of equality, dignity, and non-discrimination, not acts of benevolence. (Paras 1, 12, 13)

Dec 4, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against sitting/former legislators — Application must disclose reasons for withdrawal and records of the case must be before the High Court — Absence of requisite permission from the High Court means that the withdrawal application cannot be granted and the criminal proceedings cannot be quashed on this ground — High Court’s rejection of quashing petition confirmed. (Paras 2, 7, 9, 10)

Dec 4, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 313 — Examination of Accused — Object and Scope — Non-compliance with mandatory requirement — Fair Trial — The object of Section 313 CrPC is to ensure a fair trial by providing the accused with an opportunity to explain all incriminating circumstances appearing in the prosecution evidence against them personally — It is a mandatory, non-negotiable obligation upon the Court and is not a mere formality; it is based on the cardinal principle of natural justice (audi alterum partem) — The statement cannot be the sole basis for conviction and is neither substantive nor a substitute piece of evidence. (Paras 6, 7.1, 7.2)

Dec 3, 2025 sclaw
Property Matters

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 14(1) — Mandamus to acquire land — Power of State Government to acquire land for Slum Rehabilitation Scheme — Preferential Right of Owner — The power of the State Government to acquire land under Section 14 read with Section 3D(c)(i) of the Slum Act is subject to the preferential right of the owner to redevelop the area — Acquisition is not warranted when the owner is willing to undertake development in exercise of their preferential right, and the process must be kept in abeyance until such right is extinguished — No mandamus can be issued to the State Government to acquire the subject property under Section 14 of the Slum Act where the subsequent purchaser from the original owner (Respondent No. 4) has a subsisting preferential right to develop the property. (Paras 63, 64, 71, 72, 77(1))

Dec 3, 2025 sclaw