Constitution Archives - Page 64 of 71 - Supreme Court of India Judgements

Whether principle of creamy layer would have application in situations of competing claims within the same races, communities, groups or parts thereof of SC/ST as notified-Matter referred to Constitution Bench.

May 29, 2018 sclaw

(2018) 1 LawHerald(SC) 130 : (2018) 1 MPWN 25 : (2017) 13 Scale 524 : (2018) 1 SCC 146 : (2018) 1 SCC(L&S) 14 : (2018) 1 SCT 685 SUPREME COURT OF INDIA DIVISION…

Constitution

Advocates—Designation of Senior Lawyer—Guidelines/’norms laid down which henceforth would govern the exercise of designation of Senior Advocates by the Supreme Court and all High Courts in the country.

May 4, 2018 sclaw

(2017) AIR(SCW) 5017 : (2018) 1 AIRBomR 69 : (2017) AIR(SC) 5017 : (2017) 6 AllWC 6049 : (2017) 4 Crimes 184 : (2017) ILR(Karnataka) 5037 : (2017) 4 ILR(Kerala)…

Constitution

Constitution of India, Art. 226-Public Interest Litigation-Filing of successive writ petitions on same cause of action—Contempt-Allegation against sitting Judges of Supreme Court in bribery case- Petition dismissed with costs of Rs. 25 lakhs-Contempt of Courts Act, 1971.

Apr 20, 2018 sclaw

(2017) 14 Scale 18 : (2017) 6 RecentApexJudgments(RAJ) 318 : (2018) 1 RCR(Criminal) 99 : (2018) AllSCR(Crl) 23 : (2018) 1 LawHerald(SC) 163 : (2018) 1 SCC 589 SUPREME COURT OF INDIA FULL BENCH…

Constitution

Advocates—Designation of Senior Lawyer—Guidelines/norms laid down which henceforth would govern the exercise of designation of Senior Advocates by the Supreme Court and all High Courts in the country.

Apr 9, 2018 sclaw

(2017) AIR(SCW) 5017 : (2018) 1 AIRBomR 69 : (2017) AIR(SC) 5017 : (2017) 6 AllWC 6049 : (2017) 4 Crimes 184 : (2017) ILR(Karnataka) 5037 : (2017)…

Constitution

ORDER OF THE COURT In view of the different opinions recorded, by a majority of 3:2 the practice of `talaq-e-biddat’ – triple talaq is set aside. Muslim Law—Triple Talak—Such practice is unconstitutional and is set aside.

Mar 13, 2018 sclaw

(2017) 179 AIC 104 : (2017) AIR(SCW) 4609 : (2017) AIR(SC) 4609 : (2017) AllSCR 1892 : (2017) 5 AllWC 4353 : (2017) 5 BCR 481 : (2017) 3…

Constitution

Dismissal in limine—If order does not contain brief reasons as to why the case of one party deserves acceptance or rejection, matter has to be remanded back for fresh disposal.

Feb 24, 2018 sclaw

(2017) 178 AIC 134 : (2017) AIR(SCW) 2038 : (2017) AIR(SC) 2038 : (2017) AllSCR 1661 : (2017) 3 BBCJ 119 : (2017) DNJ 561 : (2017) 3 HLT…

Constitution

Witness against himself—Compelling an accused to provide his fingerprints or foot prints cannot be considered as violation of the protection guaranteed under Article 20 (3) of the Constitution.

Jan 15, 2018 sclaw

(2017) 99 ACrC 910 : (2017) 174 AIC 83 : (2017) 3 AICLR 4 : (2017) AIR(SCW) 2150 : (2017) AIR(SC) 2150 : (2017) 2 AllCrlRulings 1545 : (2017) 4…

Constitution

Constitution of India, Article 227–Revision Petition–Limitation– ln the absence of any limitation period, if the petition is filled with some delay but at the same time, the petitioner gives satisfactory explanation thereof, the petition should be entertained on merits.

Jan 10, 2018 sclaw

(2017) AAC 862 : (2017) 2 ACC 853 : (2017) ACJ 977 : (2017) 172 AIC 245 : (2017) AIR(SCW) 965 : (2017) AIR(SC) 965 : (2017) 121 ALR…

Constitution

Stay of Proceedings-Parties were before arbitrator and award has been passed and only question survives is of interest payable-Against award party has remedy of Revision u/s 34 of the Arbitration Act-Bank directed to stay proceedings under SARFAESI Act till final award is passed.

Jan 1, 2018 sclaw

(2017) 172 AIC 252 : (2017) 121 ALR 904 : (2017) 2 LawHerald(SC) 1341 : (2017) 135 RD 734 : (2017) 3 SCALE 262 : (2017) 5 SCC 227 SUPREME COURT OF INDIA DIVISION…

Constitution

Precedent–It is not everything said by a judge while giving a judgment constitutes a precedent. Precedent–Judges interpret statues, they do not interpret judgment.

Dec 31, 2017 sclaw

2008(1) LAW HERALD (SC) 483 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 2874 of…

Whether principle of creamy layer would have application in situations of competing claims within the same races, communities, groups or parts thereof of SC/ST as notified-Matter referred to Constitution Bench.

Advocates—Designation of Senior Lawyer—Guidelines/’norms laid down which henceforth would govern the exercise of designation of Senior Advocates by the Supreme Court and all High Courts in the country.

Constitution of India, Art. 226-Public Interest Litigation-Filing of successive writ petitions on same cause of action—Contempt-Allegation against sitting Judges of Supreme Court in bribery case- Petition dismissed with costs of Rs. 25 lakhs-Contempt of Courts Act, 1971.

Advocates—Designation of Senior Lawyer—Guidelines/norms laid down which henceforth would govern the exercise of designation of Senior Advocates by the Supreme Court and all High Courts in the country.

ORDER OF THE COURT In view of the different opinions recorded, by a majority of 3:2 the practice of `talaq-e-biddat’ – triple talaq is set aside. Muslim Law—Triple Talak—Such practice is unconstitutional and is set aside.

Dismissal in limine—If order does not contain brief reasons as to why the case of one party deserves acceptance or rejection, matter has to be remanded back for fresh disposal.

Witness against himself—Compelling an accused to provide his fingerprints or foot prints cannot be considered as violation of the protection guaranteed under Article 20 (3) of the Constitution.

Constitution of India, Article 227–Revision Petition–Limitation– ln the absence of any limitation period, if the petition is filled with some delay but at the same time, the petitioner gives satisfactory explanation thereof, the petition should be entertained on merits.

Stay of Proceedings-Parties were before arbitrator and award has been passed and only question survives is of interest payable-Against award party has remedy of Revision u/s 34 of the Arbitration Act-Bank directed to stay proceedings under SARFAESI Act till final award is passed.

Precedent–It is not everything said by a judge while giving a judgment constitutes a precedent. Precedent–Judges interpret statues, they do not interpret judgment.

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Maternity leave as a facet of reproductive rights and dignity is a constitutional guarantee, requiring service rules to be interpreted liberally, not restricting benefit based on children from a previous marriage not in the employee’s custody.

A flawed investigation, suppression of material evidence in the form of contradictory witness affidavits, and failure to address glaring inconsistencies render prosecution evidence unreliable, necessitating acquittal to ensure a fair trial.

Supreme Court of India Judgements

Category: Constitution

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