Supreme Court of India Judgements

47270 Judgements hosted as on 02/07/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Category: Constitution

Constitution

NIRBHAYA CASE : Constitution of India, 1950 – Articles 32, 72 and 161 – Mercy petition – Delay in disposal of mercy petition may be a ground calling for judicial review of the order passed under Article 72/161 of the Constitution – But the quick consideration of the mercy petition and swift rejection of the same cannot be a ground for judicial review of the order

Jan 29, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH MUKESH KUMAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : R. Banumathi, Ashok Bhushan and A.S. Bopanna, JJ. )…

Constitution

Constitution of India, 1950 – Article 142 – Writ of Habeas Corpus – Non-benfit of Premature release – Petitions for habeas corpus were filed on the ground that the State has not given benefit of the premature release referred to the petitioners whereas many others have been given the benefit – It is a settled principle of law that a writ of habeas corpus is available as a remedy in all cases where a person is deprived of his/her personal liberty

Jan 24, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE HOME SECRETARY (PRISON) AND OTHERS — Appellant Vs. H. NILOFER NISHA — Respondent ( Before : S. Abdul Nazeer and Deepak Gupta, JJ.…

Constitution

Environmental Clearance (EC) for the development of a greenfield International airport at Mopa in Goa – HELD This Court direct the National Environmental Engineering Research Institute to be appointed to oversee compliance with the directions cumulatively issued by this Court – Project proponent shall bear the costs, expenses and fees of NEERI – The suspension on the EC shall accordingly stand lifted – The Miscellaneous Application is accordingly disposed of.

Jan 16, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HANUMAN LAXMAN AROSKAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Hemant Gupta, JJ.…

Constitution

Commissions for Protection of Child Rights Act, 2005 – Sections 13, 13(1), 13(2), 13(1)(c), 13(1)(j), 14, 15 and 24 – Large scale trafficking of children – If the State Commission in such a case asks for assistance from the National Commission or some other State Commission where the child may have been illegally trafficked, the National Commission or the other State Commission(s) should cooperate with the Commission inquiring into the matter

Jan 13, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS AND OTHERS — Appellant Vs. DR. RAJESH KUMAR AND OTHERS — Respondent ( Before : Deepak Gupta…

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Constitution

Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy.

Jul 2, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.

Jul 2, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.

Jun 26, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.

Jun 26, 2026 sclaw