Supreme Court of India Judgements

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Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Sections 8, 20, 23 — Recovery of contraband — Search and seizure — Procedural safeguards — Failure to comply with mandatory provisions of the Act concerning search and seizure, including informing the accused of their rights to be searched before a Gazetted Officer or Magistrate, vitiates the entire process and raises reasonable doubt. (Paras 8, 9, 13) Expression ‘date of this Notification’ means date of publication in Official Gazette – Foreign Trade (Development and Regulation) Act, 1992 — Section 3 — Notification — Publication in Official Gazette — Essential requirement for enforceability — Delegated legislation requires publication for accessibility, notice, accountability and solemnity — Not an empty formality but transforms executive decision into law — Strict compliance with publication requirement is a condition precedent — Law must be promulgated or published in a recognisable way. (Paras 16, 17, 18, 19) Insolvency and Bankruptcy Code, 2016 — Section 60(5)(c) — Jurisdiction of Adjudicating Authority — Declaration of title to trademark — NCLT exceeded its jurisdiction by declaring title to trademark “Gloster” in favour of the Successful Resolution Applicant (SRA) while adjudicating an application under Section 60(5) of the IBC, as the issue of trademark title was a highly contentious dispute beyond the scope of insolvency proceedings and not directly related to the CIRP. Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 — Building and Other Construction Workers’ Welfare Cess Act, 1996 — Applicability — Cess could not be levied or collected before the constitution of Welfare Boards, as their constitution is a condition precedent for the implementation of these Acts. Haryana Development and Regulation of Urban Areas Act, 1975 — Section 3(3A) — Amendment Act, 2020 — Retrospective validation of actions — Power to grant license includes power to modify, suspend, revoke, or delicense — Delicensing of land for commercial purposes after it was initially licensed for residential use is permissible.
Constitution Corporate

Expression ‘date of this Notification’ means date of publication in Official Gazette – Foreign Trade (Development and Regulation) Act, 1992 — Section 3 — Notification — Publication in Official Gazette — Essential requirement for enforceability — Delegated legislation requires publication for accessibility, notice, accountability and solemnity — Not an empty formality but transforms executive decision into law — Strict compliance with publication requirement is a condition precedent — Law must be promulgated or published in a recognisable way. (Paras 16, 17, 18, 19)

Jan 22, 2026 sclaw
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Sections 8, 20, 23 — Recovery of contraband — Search and seizure — Procedural safeguards — Failure to comply with mandatory provisions of the Act concerning search and seizure, including informing the accused of their rights to be searched before a Gazetted Officer or Magistrate, vitiates the entire process and raises reasonable doubt. (Paras 8, 9, 13)
Narcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Sections 8, 20, 23 — Recovery of contraband — Search and seizure — Procedural safeguards — Failure to comply with mandatory provisions of the Act concerning search and seizure, including informing the accused of their rights to be searched before a Gazetted Officer or Magistrate, vitiates the entire process and raises reasonable doubt. (Paras 8, 9, 13)
Expression ‘date of this Notification’ means date of publication in Official Gazette – Foreign Trade (Development and Regulation) Act, 1992 — Section 3 — Notification — Publication in Official Gazette — Essential requirement for enforceability — Delegated legislation requires publication for accessibility, notice, accountability and solemnity — Not an empty formality but transforms executive decision into law — Strict compliance with publication requirement is a condition precedent — Law must be promulgated or published in a recognisable way. (Paras 16, 17, 18, 19)
Constitution Corporate
Expression ‘date of this Notification’ means date of publication in Official Gazette – Foreign Trade (Development and Regulation) Act, 1992 — Section 3 — Notification — Publication in Official Gazette — Essential requirement for enforceability — Delegated legislation requires publication for accessibility, notice, accountability and solemnity — Not an empty formality but transforms executive decision into law — Strict compliance with publication requirement is a condition precedent — Law must be promulgated or published in a recognisable way. (Paras 16, 17, 18, 19)
Insolvency and Bankruptcy Code, 2016 — Section 60(5)(c) — Jurisdiction of Adjudicating Authority — Declaration of title to trademark — NCLT exceeded its jurisdiction by declaring title to trademark “Gloster” in favour of the Successful Resolution Applicant (SRA) while adjudicating an application under Section 60(5) of the IBC, as the issue of trademark title was a highly contentious dispute beyond the scope of insolvency proceedings and not directly related to the CIRP.
I B C
Insolvency and Bankruptcy Code, 2016 — Section 60(5)(c) — Jurisdiction of Adjudicating Authority — Declaration of title to trademark — NCLT exceeded its jurisdiction by declaring title to trademark “Gloster” in favour of the Successful Resolution Applicant (SRA) while adjudicating an application under Section 60(5) of the IBC, as the issue of trademark title was a highly contentious dispute beyond the scope of insolvency proceedings and not directly related to the CIRP.
Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 — Building and Other Construction Workers’ Welfare Cess Act, 1996 — Applicability — Cess could not be levied or collected before the constitution of Welfare Boards, as their constitution is a condition precedent for the implementation of these Acts.
Constitution Labour Cases
Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 — Building and Other Construction Workers’ Welfare Cess Act, 1996 — Applicability — Cess could not be levied or collected before the constitution of Welfare Boards, as their constitution is a condition precedent for the implementation of these Acts.
Constitution

Constitution of India, 1950, Art. 19 (2)–Ban on Book HELD the creativity and the author’s perception of the uni­ verse are to be borne in mind. What is true to poetry is applicable to novels or any creative writing. It has to be kept uppermost in mind that the imagination of a writer has to enjoy freedom. It cannot be asked to succumb to specifics. That will tantamount to imposition. A writer should have free play with words, like a painter has it with colours. The passion of imagination cannot be directed.

Mar 3, 2019 sclaw

2019(1) Law Herald (SC) 396 : 2018 LawHerald.Org 2130 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Mishra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…

C P C

Auction Sale—Recalling of Order—Execution of Decree—During the pendency of execution second appeal before High Court decreetal amount had been deposited with District Court—Such fact was not brought on record before Supreme Court which had earlier dismissed the objections in conducting auction sale-Impugned order recalled by Supreme Court-Order of auction sale set aside.      

Mar 1, 2019 sclaw

2019(1) Law Herald (SC) 348 : 2019 LawHerald.Org 546 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr. Justice…

Acquittal

Identification of Prisons Act, 1920, S.4–Sample of Fingerprints-­ Police officer is competent to take finger print from crime scene without the orders from Magistrate–To dispel doubts as to its bona fides and to rule out the fabrication of evidence, it is eminently desirable that they were taken before or under the order of a Magistrate-Evidence Act, 1872, S.27.

Mar 1, 2019 sclaw

2019(1) Law Herald (SC) 333 : 2019 LawHerald.Org 524 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal No.…

Cheque Dishonour

Dishonour of Cheque—Blank Cheque—Subsequent filing in of an unfilled signed cheque is not an alteration. Dishonour of Cheque—Presumption of debt—The existence of a fiduciary relationship between the payee of a cheque and its drawer, would not disentitle the payee to the benefit of the presumption under Section 139.

Mar 1, 2019 sclaw

2019(1) Law Herald (SC) 321 : 2019 LawHerald.Org 525 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal Nos. 230-231…

Murder

Murder–Doctrine of Parity–Appellant submitted that there is a parity between the co-accused persons and while other were convicted under Section 304 Part II IPC he alone has been convicted under Section 302 IPC–However, appellant had given a fatal blow on the neck with aruval and injury caused by such act proved fatal–Plea of parity rejected.

Feb 25, 2019 sclaw

2009(1) LAW HERALD (SC) 530 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 38…

You missed

Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Sections 8, 20, 23 — Recovery of contraband — Search and seizure — Procedural safeguards — Failure to comply with mandatory provisions of the Act concerning search and seizure, including informing the accused of their rights to be searched before a Gazetted Officer or Magistrate, vitiates the entire process and raises reasonable doubt. (Paras 8, 9, 13)

Feb 1, 2026 sclaw
Constitution Corporate

Expression ‘date of this Notification’ means date of publication in Official Gazette – Foreign Trade (Development and Regulation) Act, 1992 — Section 3 — Notification — Publication in Official Gazette — Essential requirement for enforceability — Delegated legislation requires publication for accessibility, notice, accountability and solemnity — Not an empty formality but transforms executive decision into law — Strict compliance with publication requirement is a condition precedent — Law must be promulgated or published in a recognisable way. (Paras 16, 17, 18, 19)

Jan 22, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 60(5)(c) — Jurisdiction of Adjudicating Authority — Declaration of title to trademark — NCLT exceeded its jurisdiction by declaring title to trademark “Gloster” in favour of the Successful Resolution Applicant (SRA) while adjudicating an application under Section 60(5) of the IBC, as the issue of trademark title was a highly contentious dispute beyond the scope of insolvency proceedings and not directly related to the CIRP.

Jan 22, 2026 sclaw
Constitution Labour Cases

Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 — Building and Other Construction Workers’ Welfare Cess Act, 1996 — Applicability — Cess could not be levied or collected before the constitution of Welfare Boards, as their constitution is a condition precedent for the implementation of these Acts.

Jan 21, 2026 sclaw