Supreme Court of India Judgements

46820 Judgements hosted as on 28/07/2025 - Search (FREE), Subscribe, Read & Download

Top Tags

Latest Post

Constitution of India, 1950 — Article 32 — Writ jurisdiction — Violation of Fundamental Rights — A writ petition under Article 32 requires a prima facie case of violation or imminent threat of violation of a Fundamental Right, with specific pleadings and prayers for relief. Vague allegations of arbitrariness or violation of natural justice without specific impact on Fundamental Rights are insufficient to maintain the petition. Juvenile Justice (Care and Protection of Children) Act, 2000 — Applicability — Plea of juvenility raised for the first time before the Supreme Court — Permissible at any stage, even after disposal of the case, as held in various judgments of the Supreme Court.-— Determination of Age — Inquiry report confirmed the appellant was a juvenile (16 years, 2 months, 3 days) at the time of the commission of the offence. Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — High Court quashed proceedings under SC/ST Act, 1989, against respondents — Appellant contended High Court erred in exercising jurisdiction, overlooking evidence, and conducting roving inquiry — Court held High Court’s scope under Section 482 is limited to determining if allegations disclose a cognizable offence, and it should not engage in detailed evidence evaluation at pre-trial stage — However, if allegations are baseless, motivated by personal vendetta, or lack requisite ingredients for an offence, High Court can quash proceedings to prevent abuse of process. Criminal Procedure Code, 1973 — Section 482 — Quashing of criminal proceedings — Second quashing petition — Maintainability — Not permissible to raise previously available grounds in a subsequent petition to effect a review of an earlier order, violating Section 362 CrPC — Exception is when there has been a change in circumstances. DTAA, India-UAE, Article 5(1) — Permanent Establishment — Definition of “fixed place of business” — The definition of Permanent Establishment requires a fixed place of business through which the business of an enterprise is wholly or partly carried on. The key test is whether the place is “at the disposal” of the enterprise, meaning the enterprise has the right to use the premises to carry on its business. Factors like stability, productivity, and a degree of independence are also considered.
Constitution of India, 1950 — Article 32 — Writ jurisdiction — Violation of Fundamental Rights — A writ petition under Article 32 requires a prima facie case of violation or imminent threat of violation of a Fundamental Right, with specific pleadings and prayers for relief. Vague allegations of arbitrariness or violation of natural justice without specific impact on Fundamental Rights are insufficient to maintain the petition.
Constitution
Constitution of India, 1950 — Article 32 — Writ jurisdiction — Violation of Fundamental Rights — A writ petition under Article 32 requires a prima facie case of violation or imminent threat of violation of a Fundamental Right, with specific pleadings and prayers for relief. Vague allegations of arbitrariness or violation of natural justice without specific impact on Fundamental Rights are insufficient to maintain the petition.
Juvenile Justice (Care and Protection of Children) Act, 2000 — Applicability — Plea of juvenility raised for the first time before the Supreme Court — Permissible at any stage, even after disposal of the case, as held in various judgments of the Supreme Court.-— Determination of Age — Inquiry report confirmed the appellant was a juvenile (16 years, 2 months, 3 days) at the time of the commission of the offence.
Juvenile Justice
Juvenile Justice (Care and Protection of Children) Act, 2000 — Applicability — Plea of juvenility raised for the first time before the Supreme Court — Permissible at any stage, even after disposal of the case, as held in various judgments of the Supreme Court.-— Determination of Age — Inquiry report confirmed the appellant was a juvenile (16 years, 2 months, 3 days) at the time of the commission of the offence.
Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — High Court quashed proceedings under SC/ST Act, 1989, against respondents — Appellant contended High Court erred in exercising jurisdiction, overlooking evidence, and conducting roving inquiry — Court held High Court’s scope under Section 482 is limited to determining if allegations disclose a cognizable offence, and it should not engage in detailed evidence evaluation at pre-trial stage — However, if allegations are baseless, motivated by personal vendetta, or lack requisite ingredients for an offence, High Court can quash proceedings to prevent abuse of process.
Cr P C SC/ST
Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — High Court quashed proceedings under SC/ST Act, 1989, against respondents — Appellant contended High Court erred in exercising jurisdiction, overlooking evidence, and conducting roving inquiry — Court held High Court’s scope under Section 482 is limited to determining if allegations disclose a cognizable offence, and it should not engage in detailed evidence evaluation at pre-trial stage — However, if allegations are baseless, motivated by personal vendetta, or lack requisite ingredients for an offence, High Court can quash proceedings to prevent abuse of process.
Criminal Procedure Code, 1973 — Section 482 — Quashing of criminal proceedings — Second quashing petition — Maintainability — Not permissible to raise previously available grounds in a subsequent petition to effect a review of an earlier order, violating Section 362 CrPC — Exception is when there has been a change in circumstances.
Cr P C
Criminal Procedure Code, 1973 — Section 482 — Quashing of criminal proceedings — Second quashing petition — Maintainability — Not permissible to raise previously available grounds in a subsequent petition to effect a review of an earlier order, violating Section 362 CrPC — Exception is when there has been a change in circumstances.
Constitution

Relief has been sought is (i) cancellation of all the agreements; (ii) refund of moneys to purchasers; and in the alternative (iii) ensuring that the construction is carried out and that the premises are handed over within a reasonable period of time -Entertaining a petition of this nature will involve the Court in virtually carrying out a day to day supervision of a building project

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UPENDRA CHOUDHURY — Appellant Vs. BULANDSHAHAR DEVELOPMENT AUTHORITY AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M. R. Shah, JJ.…

Environment

Kerala Private Forest (Vesting and Assignment) Act, 1971 – Section 8 – Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 -It is just and proper that even if the respondents are not compensated for the value of the land, they need to be compensated for the benefits arisen out of the lands for the period they were kept out of possession by action of the respondents, treating it to be vested land under Act, 1971

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH THE CONSERVATOR AND CUSTODIAN OF FOREST AND OTHERS — Appellant Vs. SOBHA JOHN KOSHY AND ANOTHER — Respondent ( Before : Ashok Bhushan, R.…

Service Matters
Service

Heart ailment – Section 2(i) of the Act takes into account visual disability, locomotor disability, mental illness, mental retardation, hearing impairment and leprosy – A heart ailment is not covered within the definition of disability in the Act – When the 1995 Act was replaced by the Rights of Persons with Disabilities Act, 2016,

Feb 16, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH NAWAL KISHORE SHARMA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy,…

Corporate

Societies Registration Act, 1860 – Sections 10 and 24 – Held, the appellants who are otherwise eligible to be enrolled as members of the Society in their own rights need not be denied of the same – They have a right to be considered for being admitted as members of the Society by the newly elected Managing Committee.

Feb 16, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SWATI ULHAS KERKAR AND OTHERS — Appellant Vs. SANJAY WALAVALKAR AND OTHERS — Respondent ( Before : A.M. Khanwilkar and S. Ravindra Bhat, JJ.…

Corporate

Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 – Regulations 18(15)(c) and 39(2)(a) – Winding up of mutual fund schemes – Consent of the unit holders would mean consent by majority of the unit holders who have participated in the poll, and not consent of majority of all the unit holders of the scheme.

Feb 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FRANKLIN TEMPLETON TRUSTEE SERVICES PRIVATE LIMITED AND ANOTHER — Appellant Vs. AMRUTA GARG AND OTHERS ETC — Respondent ( Before : S. Abdul Nazeer…

I P C

Injuries were inflicted without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken advantage or acted cruelly or unusually – Appellant has served more than 18years of his jail sentence – This Court convict the appellant for an offence under Section 304 Part I IPC and sentence him to the sentence already undergone

Feb 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PARDESHIRAM — Appellant Vs. STATE OF M.P. (NOW CHHATTISGARH) — Respondent ( Before : Hemant Gupta and S. Ravindra Bhat, JJ. ) Criminal Appeal…

You missed

Constitution

Constitution of India, 1950 — Article 32 — Writ jurisdiction — Violation of Fundamental Rights — A writ petition under Article 32 requires a prima facie case of violation or imminent threat of violation of a Fundamental Right, with specific pleadings and prayers for relief. Vague allegations of arbitrariness or violation of natural justice without specific impact on Fundamental Rights are insufficient to maintain the petition.

Jul 28, 2025 sclaw
Juvenile Justice

Juvenile Justice (Care and Protection of Children) Act, 2000 — Applicability — Plea of juvenility raised for the first time before the Supreme Court — Permissible at any stage, even after disposal of the case, as held in various judgments of the Supreme Court.-— Determination of Age — Inquiry report confirmed the appellant was a juvenile (16 years, 2 months, 3 days) at the time of the commission of the offence.

Jul 28, 2025 sclaw
Cr P C SC/ST

Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — High Court quashed proceedings under SC/ST Act, 1989, against respondents — Appellant contended High Court erred in exercising jurisdiction, overlooking evidence, and conducting roving inquiry — Court held High Court’s scope under Section 482 is limited to determining if allegations disclose a cognizable offence, and it should not engage in detailed evidence evaluation at pre-trial stage — However, if allegations are baseless, motivated by personal vendetta, or lack requisite ingredients for an offence, High Court can quash proceedings to prevent abuse of process.

Jul 28, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 — Section 482 — Quashing of criminal proceedings — Second quashing petition — Maintainability — Not permissible to raise previously available grounds in a subsequent petition to effect a review of an earlier order, violating Section 362 CrPC — Exception is when there has been a change in circumstances.

Jul 28, 2025 sclaw