Constitution Archives - Page 66 of 69 - Supreme Court of India Judgements

March 10, 2025 1:29 pm

Chief Minister and Minister—Appointment of—Whether respondents being members of Rajya Sabha are disqualified under Article 164(4) and 164(1) of Constitution ? NO. Chief Minister and Minister—Appointment of—Person can be appointed, to continue in office without getting himself elected within a period of six consecutive months.

May 21, 2017 sclaw

2007(4) LAW HERALD (SC) 2908 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P.P. Naolekar Civil Writ Petition No. 296…

Constitution

Grant of special leave petition – Keeping in view the importance of the issues involved and far reaching consequences of the same in the context of child abuse, court have suggested to learned counsel for the parties to formulate issues which may require our consideration and determination.

May 20, 2017 sclaw

(2000) 8 SCALE 386 : (2001) 10 SCC 732 SUPREME COURT OF INDIA SAKSHI — Appellant Vs. UNION OF INDIA (UOI) AND OTHERS — Respondent ( Before : A.…

Constitution

There should be no bar to the lodgment of an appeal or petition either by the Union of India or the Public Sector Undertakings before any court or tribunal so as to save limitation. But, before such filing every endeavor should be made to have the clearance of the High Power Committee

May 18, 2017 sclaw

(1994) 70 ELT 45 : (2011) 2 SCALE 498 : (2004) 6 SCC 437 SUPREME COURT OF INDIA OIL AND NATURAL GAS COMMISSION — Appellant Vs. COLLECTOR OF CENTRAL…

Constitution

Constitution of India, 1950 – Article – 142 – Bihar Agricultural Produce Markets Act, 1960 – Section – 4-B – Liability to pay market fee – Whether the sugar factories engaged in purchasing sugarcane and selling sugar and sugar molasses are liable to pay market fee under the provisions of the Bihar Agricultural Produce Markets Act, 1960

May 14, 2017 sclaw

(2006) 1 SCC 509 SUPREME COURT OF INDIA HARINAGAR SUGAR MILLS LTD. AND ANOTHER — Appellant Vs. STATE OF BIHAR AND OTHERS — Respondent ( Before : Ashok Bhan,…

Constitution

Writ jurisdiction—Contractual matter—It is neither appropriate nor permissible for two departments of a State or the Union of India to fight litigation in a court of law.

May 14, 2017 sclaw

2007(4) LAW HERALD (SC) 2838 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 3143…

Constitution Service

Constitution of India, 1950 – Article 16 – Confidential report – Adverse remarks in confidential report on basis of vigilance enquiry – Malice cannot be attributed to the officer writing the confidential report.

May 13, 2017 sclaw

AIR 1997 SC 3671 : (1997) 4 JT 1 : (1997) 2 LLJ 1 : (1997) 3 SCALE 80 : (1997) 4 SCC 7 : (1997) SCC(L&S) 903 : (1997)…

Constitution

There is some cogent material on the basis of which satisfaction can be arrived at about the participation in the agitation, the Government may relax the other requirements. However, it would be for the State Government to exercise such a discretion, in a given case, if it is otherwise fully satisfied that the material produced demonstrate that the applicant is a freedom fighter – Court set aside the orders of the High Court – Appeal allowed. Counsel for Appearing Parties

May 13, 2017 sclaw

(2013) 4 LLN 34 : (2013) 11 SCALE 535 : (2013) 14 SCC 225 : (2013) 4 SCT 708 SUPREME COURT OF INDIA STATE OF MAHARASHTRA AND OTHERS —…

Constitution

Ship Breaking—Detailed recommendations suggested by committee of technical experts and the concerned Statutes are amended to be in line with the recommendations. Until the Code comes into play, the recommendations shall be operative

May 13, 2017 sclaw

2007(4) LAW HERALD (SC) 2786 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Writ Petition (Civil) 657 of 1995…

Constitution

Constitution of India, 1950 – Article – 217(2), 217(1), 217(2)(b), 226 – Advocates Act, 1961 – Section – 29, 30 – Appointment as Additional Judge – Whether appointment of Respondent No. 3 as Additional Judge of Allahabad High Court was an infraction of Article 217(2) and Article 217(1) of the Constitution of India

May 12, 2017 sclaw

(2009) 9 JT 199 : (2009) 9 SCALE 206 : (2009) 8 SCC 273 : (2009) 10 SCR 921 : (2009) 3 SLJ 385 : (2009) 7 UJ 3083 SUPREME…

Constitution

The Expert Committee under the chairmanship of ‘R’ to prepare guidelines for approval of clinical trials and new drugs in the country was appointed which has submitted its report on 8.8.2013

May 12, 2017 sclaw

(2013) 13 SCALE 146 SUPREME COURT OF INDIA SWASTHYA ADHIKAR MANCH AND ANOTHER — Appellant Vs. UNION OF INDIA (UOI) AND OTHERS — Respondent ( Before : Shiva Kirti…

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Consumer Limitation

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

Mar 3, 2025 sclaw

C P C

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.

Feb 16, 2025 sclaw

Stamp Act State Laws

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).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Category: Constitution

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