Constitution Archives - Page 68 of 69 - Supreme Court of India Judgements

March 10, 2025 2:44 am

Writ – Mandamus – Normally the Court will not interfere with the Administrative policy of the Government – But, when such policy violates some provisions of the Constitution such as Article 14, the Court will step in to set right

Apr 9, 2017 sclaw

AIR 1998 SC 137 : (1997) 8 JT 440 : (1997) 6 SCALE 413 : (1997) 11 SCC 670 : (1998) SCC(L&S) 451 : (1997) 2 UJ 802 SUPREME…

Constitution

Court make it clear that the maximum cut-off marks for O.B.C.s be 10% below the cut-off marks of general category candidates

Apr 9, 2017 sclaw

(2009) 7 SCC 300 SUPREME COURT OF INDIA P.V. INDIRESAN AND OTHERS — Appellant Vs. UNION OF INDIA (UOI) — Respondent ( Before : K.G. Balakrishnan, C.J.; R.V. Raveendran,…

Constitution

Cause of Action—That all necessary facts must form an ‘integral part’ of the cause of action. The fact which is neither material nor essential nor integral part of the cause of action would not constitute a part of cause of action within the meaning of Clause (2) of Article 226 of the Constitution.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1214 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 1426…

Constitution

Contempt–The Majesty of the Court and the Rule of Law can never be maintained unless Supreme Court ensures meticulous compliance of its orders.

Apr 8, 2017 sclaw

2007(2) LAW HERALD (SC) 1052 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal Dalveer Bhandari The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal…

Constitution

Contempt Petition–An innovative defence that they did not realize the implications of the order passed by Supreme Court–Unacceptable.

Apr 8, 2017 sclaw

2007(2) LAW HERALD (SC) 1045 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice of India The Hon’ble Mr. Justice Dr. A.R. Lakshmanan Contempt Petition Civil No.…

Constitution Cr P C

Transfer of case—Notification by State Government without consultation with High Court—Set-aside by High Court—It is for State Government to take appropriate steps—Review petition dismissed.

Apr 8, 2017 sclaw

2007(2) LAW HERALD (SC) 961 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K.G. Balakrishnan, CJI The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice…

Constitution

Appeal to Supreme Court–Article 136 does not confer a right of appeal upon any party but merely vests a discretion in the Supreme Court to interfere in exceptional cases. Appeal–Under the Constitutional scheme, ordinarily the last Court in the country in ordinary cases was meant to be the High Court.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 881 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 188 of…

Constitution

Member of Legislative Assembly—Disqualification for Membership—Leader of BSP party recommended dissolution of the Assembly—13 members of BSP giving a letter requesting the Governor to call upon the leader of Samajwadi Party to form a Government—The act itself would amount to an act of voluntarily giving up the membership of the party on the ticket they had got elected. Defection–Split in party–Mere claim is not enough–To be proved; prima facie, by relevant material.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 717 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice Sema The Hon’ble Mr. Justice Dr. AR.…

Constitution

Freedom Fighter’s Pension—Claim based on secondary evidence—Pension should be granted from the date of order and not from the date of application.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 716 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 783 of…

Constitution

Review–Review of judgment in the guise of application for clarification; not to be entertained.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 529 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice H.K. Sema Civil Appeal No. 7797 of…

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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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