Supreme Court of India Judgements

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Category: Constitution

Constitution Election Laws

Chandigarh Mayor Election: Supreme Court quashed the election result and declared the appellant as the validly elected candidate for the post of Mayor – It also issued a notice to the presiding officer to show cause why criminal proceedings should not be initiated against him under Section 340 of the Code of Criminal Procedure 1973.

Mar 3, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH KULDEEP KUMAR — Appellant Vs. — Respondent U.T. CHANDIGARH AND OTHERS ( Before : Dr. Dhananjaya Y Chandrachud, CJI., J B Pardiwala and Manoj…

Constitution

Electoral Bond Scheme, the proviso to Section 29C(1) of the Representation of the People Act 1951 (as amended by Section 137 of Finance Act 2017), Section 182(3) of the Companies Act (as amended by Section 154 of the Finance Act 2017), and Section 13A(b) (as amended by Section 11 of Finance Act 2017) are violative of Article 19(1)(a) and unconstitutional

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA CONSTITUTION BENCH ASSOCIATION FOR DEMOCRATIC REFORMS AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI.,…

Constitution Land Acquisition

In the facts and circumstances noted and more particularly the fact that the appellant still claims to be in possession of the land under acquisition, writ petition preferred by the appellant should have been heard and decided on merits – Matter is remitted to the High Court of Uttarakhand

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH J.N. PURI — Appellant Vs. STATE OF UTTAR PRADESH (NOW STATE OF UTTARAKHAND) AND OTHERS — Respondent ( Before : B.R. Gavai and Sandeep…

Constitution Matrimonial

Irretrievable breakdown of marriage – Exercise of jurisdiction under Article 142(1) of the Constitution of India is clearly permissible to do ‘complete justice’ to a ’cause or matter’ and this Court can pass an order or decree which a family court, trial court or High Court can pass and when such power is exercised, the question or issue of lack of subject-matter jurisdiction does not arise

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAKASHCHANDRA JOSHI — Appellant Vs. KUNTAL PRAKASHCHANDRA JOSHI @ KUNTAL VISANJI SHAH — Respondent ( Before : B.R. Gavai and Prashant Kumar Mishra, JJ.…

Constitution Cr P C

Mandatorily mention in a application for grant of bail: 1. Details and copies of order(s) passed in the earlier bail application(s) filed by the petitioner which have been already decided. 2. Details of any bail application(s) filed by the petitioner, which is pending either in any court, below the court in question or the higher court, and if none is pending, a clear statement to that effect has to be made 3. The registry of the court should also annex a pending bail application(s) in the crime case in question -4. It should be the duty of the Investigating Officer/any officer assisting the State Counsel in court to apprise him of the order(s), if any, passed by the court with reference to different bail applications or other proceedings in the same crime case

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUSHA DURUKA — Appellant Vs. THE STATE OF ODISHA — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Criminal Appeal No.…

Constitution Cr P C

CHANDRABABU NAIDU -As we have expressed opinions taking different views on the interpretation of Section 17A of the Prevention of Corruption Act, 1988 as also its applicability to the appellant in the subject-case, we refer the matter to the Honble the Chief Justice of India. The Registry to place the papers before the Honble the Chief Justice of India so that appropriate decision can be taken for the constitution of a Larger Bench in this case for adjudication on the point on which contrary opinions have been expressed by us.

Jan 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARA CHANDRABABU NAIDU Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER ( Before : Aniruddha Bose and Bela M. Trivedi, JJ. ) Criminal Appeal…

Constitution Cr P C

Rs 25 LAKHS IMPOSED ON UNSCRUPLOUS LITIGANT – Unnecessary turning of a civil matter into a criminal case not only overburdens the criminal justice system but also violates the principles of fairness and right conduct in legal matters – Unscrupulous litigants should not be allowed to go scot-free – They should be put to strict terms and conditions including costs. It is time to check with firmness such litigation initiated and laced with concealment, falsehood, and forum hunting – Even State actions or conduct of government servants being party to such malicious litigation should be seriously reprimanded – This Court impose costs of Rs. 25 lakhs on respondent-complainant.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DINESH GUPTA — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. )…

Constitution G S T

Constitution of India, 1950 – Article 366(29A)(d) – Finance Act, 1994 – Section 65(105)(zzzzj) – Transfer of right to use the goods -When the substantial control remains with the contractor and is not handed over to the user, there is no transfer of the right to use the vehicles, cranes, tankers, etc – Whenever there is no such control on the goods vested in the person to whom the supply is made, the transaction will be of rendering service within the meaning of Section 65(105) (zzzzj) of the Finance Act after the said provision came into force.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. K.P. MOZIKA — Appellant Vs. OIL AND NATURAL GAS CORPORATION LTD. AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh…

Constitution

High Court, by the impugned judgment and order, could not have issued a mandamus to the instrumentalities of the State to enter into a contract, which was totally harmful to the public interest – Award of a contract, whether it is by a private party or by a public body or the State, is essentially a commercial transaction – In arriving at a commercial decision, considerations which are paramount are commercial considerations

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAIPUR VIDYUT VITRAN NIGAM LTD. AND OTHERS — Appellant Vs. MB POWER (MADHYA PRADESH) LIMITED AND OTHERS — Respondent ( Before : B.R. Gavai…

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POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw
Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw
Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw
Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw