Supreme Court of India Judgements

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Category: Constitution

Constitution Consumer

Consumer Protection Act, 2019 provide for the remedy of appeal to Supreme Court only with respect to the orders which are passed by the NCDRC in its original jurisdiction or as the court of first instance (original orders) and no further appeal lies against the orders which are passed by the NCDRC in exercise of its appellate or revisional jurisdiction.

Jul 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD. — Appellant Vs. SURESH CHAND JAIN AND ANOTHER — Respondent ( Before : J.B. Pardiwala and Manoj…

Constitution

What are the contours of the power of Parliament to enact a law under Article 239-AA(7) and Whether Parliament in the exercise of its power under Article 239-AA(7) can abrogate the constitutional principles of governance for National Capital Territory of Delhi (NCTD) – Substantial question of law – Reference to a Constitution Bench.

Jul 23, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud,…

Constitution

Even if there is no period prescribed for filing the writ petition under Article 226 of the Constitution of India, yet it should be filed within a reasonable time – Relief to a person, who puts forward a stale claim can certainly be refused relief on account of delay and laches – Anyone who sleeps over his rights is bound to suffer.

Jul 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ORISSA AND ANOTHER — Appellant Vs. LAXMI NARAYAN DAS (DEAD) THR. LRS AND OTHERS — Respondent ( Before : Abhay S. Oka…

Constitution

It is not at the sweet-will of the Government that the extensions can be granted to the incumbents in the office of the Director of CBI/Director of Enforcement – It is only on the basis of the recommendations of the Committees which are constituted to recommend their appointment and that too when it is found in public interest and when the reasons are recorded in writing, such an extension can be granted by the Government.

Jul 19, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH DR. JAYA THAKUR — Appellant Vs. UNION OF INDIA & OTHERS — Respondent ( Before : B.R. Gavai, Vikram Nath and Sanjay Karol, JJ.…

Constitution

Constitution of India, 1950 – Article 141 – where no reason was assigned by the Court while dismissing the matter and where leave was not granted in the said Special Leave Petition, the said dismissal would not be considered as laying down law within the ambit of Article 141 – such dismissal of Special Leave Petition by way of a non-speaking order does not attract the doctrine of merger.

Jul 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH S. NARAHARI AND OTHERS — Appellant Vs. S.R. KUMAR AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay Karol, JJ. ) Civil…

Constitution

The right to enjoy possession of any land notified under Section 4 is not only limited to Adivasi communities and other forest dwelling communities, but is also based on proof of residence, date of original possession, etc – If the right to inhabit the said lands is not restricted only to certain communities, how can the right to be heard on such claims be restricted to the same.

Jul 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARI PRAKASH SHUKLA AND OTHERS — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Krishna Murari and Ahsanuddin…

Constitution

Pet-coke is cheaper and burns hotter than coal and is, therefore, used as a fuel, for several industrial uses – HELD the clarification of APPCB, that as on a particular date, the production capacity was 3,30,000 MTPA was of no consequence, because it was the CTO that was considered all along, in all previous meetings – High Court rightly set aside the minutes of the meeting as well as the decision of the Central Government allocating pet-coke – Appeal dismissed.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. SANVIRA INDUSTRIES — Appellant Vs. RAIN CII CARBON (VIZAG) LTD. AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta,…

Constitution Election Laws

HELD In order to ensure the purity of the election process it was thought by our Constitution- makers that the responsibility to hold free and fair elections in the country should be entrusted to an independent body which would be insulated from political and/or executive interference.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF WEST BENGAL AND OTHERS — Appellant Vs. SUVENDU ADHIKARI AND OTHERS — Respondent ( Before : B.V. Nagarathna and Manoj Misra,…

You missed

Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw