Supreme Court of India Judgements

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Category: Constitution

Constitution Cr P C

BILKIS BANO – In a case where the trial has been transferred by this Court from a court of competent jurisdiction of a State to a court in another State, it is still the Government of the State within which the offender was sentenced which is the appropriate Government which has the jurisdiction as well as competency to pass an order of remission under Section 432 of the CrPC – Therefore, it is not the Government of the State within whose territory the offence occurred or the convict is imprisoned which can assume the power of remission – Gujarat Government’s order granting remission to 11 convicts is quashed

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BILKIS YAKUB RASOOL — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. ) Writ…

Constitution SEBI

Share Market – Drastic fall in the securities market,- The impact on investors, the purported lack of redressal available and the disbursement of loans to the Adani Group allegedly without due procedure – The petitioners sought various directions, including a direction to constitute an SIT to oversee the SEBI investigation into the Adani Group and that all such investigations be court-monitored –

Jan 14, 2024 sclaw

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

Constitution Service

Article 229 of the Constitution does not grant the Chief Justice the power to make rules regarding the post-retiral benefits of former judges – The State Government has the legislative power to make laws regarding the post-retiral benefits of its employees, including former High Court judges.

Jan 3, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH THE STATE OF UTTAR PRADESH AND OTHERS — Appellant Vs. ASSOCIATION OF RETIRED SUPREME COURT AND HIGH COURT JUDGES AT ALLAHABAD AND OTHERS —…

Constitution

Constitution of India, 1950 – Article 370 – Abrogation of Special Status for Jammu and Kashmir upheld – State of Jammu and Kashmir does not have ‘internal sovereignty’ which is distinguishable from the powers and privileges enjoyed by other States in the country – Article 370 was a feature of asymmetric federalism and not sovereignty.

Dec 13, 2023 sclaw

SUPREME COURT OF INDIA CONSTITUTION BENCH IN RE: ARTICLE 370 OF THE CONSTITUTION ( Before : Dr Dhananjaya Y Chandrachud, B R Gavai, Sanjay Kishan Kaul, Sanjiv Khanna and Surya…

Arbitration Constitution

Arbitration and Conciliation Act, 1996 – Section 2(1)(h) read with Section 7 – Arbitration Proceedings – Applicability of Group of Companies Doctrine – Group of Companies doctrine is applicable to arbitration proceedings – Definition of “parties” under Section 2(1)(h) read with Section 7 of the Arbitration Act includes both the signatory as well as non-signatory parties

Dec 10, 2023 sclaw

SUPREME COURT OF INDIA CONSTITUTION BENCH COX AND KINGS LTD. — Appellant Vs. SAP INDIA PVT. LTD. AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Hrishikesh…

Constitution

Constitution of India, 1950 – Article 32 – Writ Petition – Direction to expeditious disposal of criminal cases against elected members of the Parliament and Legislative Assemblies HELD Learned Chief Justices of the High Courts shall register a suo-motu case with the title, “In Re: designated courts for MPs/MLAs” to monitor early disposal of criminal cases pending against the members of Parliament and Legislative Assemblies – The suo-motu case may be heard by the Special Bench presided by the Learned Chief Justice or a bench assigned by them.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH ASHWINI KUMAR UPADHYAY — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Pamidighantam Sri Narasimha…

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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