Supreme Court of India Judgements

467750 Judgements hosted as on 16/05/2025 - Search (FREE), Subscribe, Read & Download

Category: Constitution

Constitution

Constitution of India, 1950 – Articles 15 (2), 17, 23 and 24 – Directions to Union of India and all the States and Union Territories to implement provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 – Union and States are duty bound to ensure that the practice of manual scavenging is completely eradicated

Oct 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. BALRAM SINGH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. )…

Constitution

A medical termination of the pregnancy cannot be permitted because it has crossed the statutory limit of twenty-four weeks – Neither of the two reports submitted by the Medical Boards indicates that a termination is immediately necessary to save the life of the petitioner, in terms of Section 5 – If a medical termination were to be conducted at this stage, the doctors would be faced with a viable foetus – Delivery will be conducted by AIIMS at the appropriate time – Union Government has undertaken to pay all the medical costs for the delivery and incidental to it.

Oct 18, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH X — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., J B Pardiwala and Manoj…

Constitution

Constitution of India, 1950 – Article 226 – Writ Jurisdiction – Existence of an alternative remedy is not an absolute bar on exercise of writ jurisdiction – One such compelling reason may arise where there is a serious dispute between the parties on a question of fact and materials/evidence(s) available on record are insufficient/inconclusive to enable the Court to come to a definite conclusion.

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF U.P. AND ANOTHER — Appellant Vs. EHSAN AND ANOTHER — Respondent ( Before : Pamidighantam Sri Narasimha and Manoj Misra, JJ. )…

Constitution

Foreign Taxation – Exemption – Article 8(bis) of Omani Tax Laws exempts dividend tax received by the assessee from its PE in Oman- Assessees establishment in Oman has been treated as PE from the very inception up to the year 2011 – There is no reason as to why all of a sudden, the assessees establishment in Oman would not be treated as PE when for about 10 years it was so treated, and tax exemption was granted basing upon the provisions contained in Article 25 read with Article 8 (bis) of the Omani Tax Laws.

Oct 1, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRINCIPAL COMMISSIONER OF INCOME TAX-10 — Appellant Vs. M/S KRISHAK BHARTI COOPERATIVE LTD. — Respondent ( Before : B.V. Nagarathna and Prashant Kumar Mishra,…

Constitution

Restoration of Review application – No litigant should be permitted to be so lethargic and apathetic much less should be permitted to misuse the process of law – High Court had committed gross error in allowing such vexatious applications and that too without assigning any reason.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VASANT NATURE CURE HOSPITAL AND PRATIBHA MATERNITY HOSPITAL TRUST AND OTHERS — Appellant Vs. UKAJI RAMAJI-SINCE DECEASED THROUGH HIS LEGAL HEIRS AND ANOTHER —…

Constitution

HELD The basis of the appeals which question the jurisdiction of the Lok Adalat, directing a closure has since been overtaken by the subsequent developments in terms of which the slaughter house has been closed. The closure is not in pursuance of the direction of the Lok Adalat, but in exercise of the statutory jurisdiction of the Rajasthan Pollution Control Board.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH PANCHAYAT QURESHIAN AND ANOTHER — Appellant Vs. STATE OF RAJASTHAN AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Pamidighantam Sri…

Constitution

Direction to frame guidelines on media briefings by police – Nature of the disclosure which is made by the police in the course of media briefings should be objective in nature and should not consist of a subjective opinion pre-judging the guilt of the accused – Union Ministry of Home Affairs should prepare a comprehensive manual on media briefings by police personnel – Organisations representing the print and electronic media should also be consulted.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH PEOPLE’S UNION FOR CIVIL LIBERTIES AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y…

CBI Constitution

Constitution of India, 1950 – Article 13(2) – Delhi Special Police Establishment Act, 1946 – Section 6A – the declaration made by the Constitution Bench in the case of Subramanian Swamy vs. Director, Central Bureau of Investigation and another, (2014) 8 SCC 682, will have retrospective operation – Section 6A of the DSPE Act is held to be not in force from the date of its insertion i.e. 11.09.2003.

Sep 23, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH CBI — Appellant Vs. R.R. KISHORE — Respondent ( Before : Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath and J.K. Maheshwari,…

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Acquittal

Hostile witnesses — Effect — When a large number of witnesses, including eyewitnesses, turn hostile, prosecution case often collapses for want of evidence — While reasons for hostility can be varied (coercion, fear, monetary consideration, etc.), it cannot automatically lead to conviction based on prior S. 161 statements or IO’s testimony about such statements, as these are not substantive evidence — Court’s consternation at collapse of a serious case due to witness hostility cannot be a reason to convict on insufficient or inadmissible evidence, amounting to a moral conviction anathema to criminal jurisprudence.

May 13, 2025 sclaw
State Laws

Sales Tax — Kerala General Sales Tax Act, 1963 (Kerala Act) — Section 5A — Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Act) — Section 7A — Purchase Tax — Liability of assessee purchasing goods from dealers exempt from sales tax — Where goods are purchased from dealers who are exempt from payment of sales tax by virtue of notifications or exemptions under the Kerala Act or Tamil Nadu Act, such a purchase is considered a purchase of “goods, the sale or purchase of which is liable to tax” within the meaning of Section 5A of the Kerala Act or Section 7A of the Tamil Nadu Act

May 13, 2025 sclaw
Acquittal Corruption

Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) r/w S. 13(2) a— Illegal gratification — Demand and Acceptance — Proof beyond reasonable doubt — Where prosecution case regarding demand and acceptance of bribe by public servant (Revenue Inspector) suffered from material contradictions and inconsistencies in evidence of complainant (PW1) and other prosecution witnesses (PW7) Minor discrepancies may not be fatal, but serious contradictions going to root of matter, rendering evidence untrustworthy, are grounds for acquittal.

May 13, 2025 sclaw
Service

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

May 6, 2025 sclaw