Constitutional Law

A collection of 251 posts

Criminal

Agniraj vs State 2025 INSC 774 - Art. 136 Constitution - Appeal From Conviction

Constitution of India - Article 136 - In appropriate cases, this Court can interfere with the concurrent findings of the Courts when the assessment of evidence is vitiated by misreading of the evidence. However, this should be done in rare and exceptional cases of manifest illegality- Appeal against conviction -

Pension

Reserve Bank Of India vs M.T. Mani 2025 INSC 769 - Pension - Cut Off Date Fixation - Financial Constraints

Pension - Cut off date fixation - Financial constraints can constitute a valid and non-arbitrary basis for fixing a cut-off date for extending pensionary benefits or pay revisions. It emphasized that economic considerations are germane to governmental policy decisions, and distinguishing between retirees based on such a date does not

Criminal

Kasireddy Upender Reddy vs State Of Andhra Pradesh 2025 INSC 768 - Art.22(1) Constitution - Communication Of Grounds Of Arrest

Constitution of India - Article 22(1) - For the purposes of Clause (1) of Article 22, it is not necessary for the authorities to furnish full details of the offence. However, the information should be sufficient to enable the arrested person to understand why he has been arrested. The

Constitutional Law

Old Jalukai Village Council vs Kakiho Village 2025 INSC 766 - Judicial Review Of Cabinet Decisions

Constitution of India - Article 32,226 - Cabinet Decisions- When the State has taken a policy decision or through its Cabinet has arrived at a certain conclusion, in their wisdom, after exhaustively considering all the relevant factors and recommendations, it would not be appropriate for courts to interfere or

Environmental Law

In Re: Zudpi Jungle Lands 2025 INSC 754 - Zudpi Jungle lands - Directive Principles and Fundamental Rights

Constitution of India - Part III, IV- Inter-relationship between DPSP and Fundamental Rights - Kesavananda Bharati judgment recognizes that both the Fundamental Rights and the Directive Principles of the State Policy are equally important and that there is no conflict amongst them. It recognises that they are complementary to each

Human Rights Act

Arif Md. Yeasin Jwadder vs State of Assam 2025 INSC 785 - Fake Encounters

Fake encounters - Fake encounters are extra-judicial killings and must be subject to strict legal scrutiny- Referred to (Para 13)the use of excessive or unlawful force by public authorities, irrespective of the nature of the offence or the antecedents of the victim, cannot be condoned or legitimised on any

Contempt Of Court

Bindu Kapurea vs Subhashish Panda 2025 INSC 784- Contempt Of Court

Constitution of India - Article 129 - Supreme Court, being a court of record, is vested with inherent powers to punish contempt-These broad- ranging powers are not merely procedural but are central to preserving the dignity, authority, and effective functioning of the judiciary. In fact, the contempt powers are integral

Constitutional Law

Dileep Kumar Pandey vs Union Of India 2025 INSC 749 - Air Force School Not A State

Constitution of India- Article 12,226 -HC held held that Air Force Schools at Bamrauli is not a state within the meaning of Article 12, and as a result, a writ petition under Article 226 could not be entertained - Dismissing appeal, SC observed: It is not shown how the

Constitutional Law

State Of Kerala vs Asianet Satellite Communications 2025 INSC 757 - Constitution - Taxation Powers - Entertainment Tax

Constitution of India - Seventh Schedule - Broadcasting is a form of communication and entertainment is a species of luxuries under Entry 62 – List II- State Legislature fully justified in imposing entertainment tax under Entry 62 – List II- The said entry contemplates imposition of taxes, inter alia, on the entire

Criminal

Hakim vs State Of NCT Of Delhi 2025 INSC 728 - Acid Attack case - Concurrent Conviction Upheld

Constitution of India - Article 136 - while exercising jurisdiction under Article 136 of the Constitution of India, ordinarily refrains from re-evaluating the evidence afresh. Interference is warranted only if it is clearly demonstrated that the courts below failed to consider material evidence or that their conclusions suffer from perversity,

Constitutional Law

Siddhi Sandeep Ladda vs Consortium Of National Law Universities 2025 INSC 714 - CLAT Exams

Constitution of India - Article 226 - In academic matters, the Courts are generally reluctant to interfere, inasmuch as they do not possess the requisite expertise for the same. However, when the academicians themselves act in a manner that adversely affects the career aspirations of lakhs of students, the Court

Maharashtra Protection of Investors and Depositors Act

National Spot Exchange Limited vs Union Of India 2025 INSC 694 - MPID Act vs SARFAESI Act & RDB Act

Maharashtra Protection of Investors and Depositors Act, 1999 ; SARFAESI Act, 2002 ; RDB Act, 1993 -IBC 2016 - SARFAESI Act and RDB Act having been enacted by the Parliament for the subject matter falling in List-I and the MPID Act having been enacted by the State Legislature for the subject matter

Taxation

C.T. Kochouseph vs State Of Kerala 2025 INSC 661 - Kerala & TN General Sales Tax Act - Constitutional Validity

Kerala General Sales Tax Act, 1963-Section 5A - Tamil Nadu General Sales Tax Act, 1959 - Section 7A -Constitutional Validity upheld (Para 39) - Sections 5A or 7A, as the case may be, impose purchase tax specifically in situations where the seller is granted exemption from payment of tax -

Constitutional Law

Pavul Yesu Dhasan vs Registrar, State Human Rights Commission Of Tamil Nadu 2025 INSC 677 - Human Rights - FIR Registration

Constitution of India - Article 21 ; Human Rights Act 1993 - Section 2(d) - Every citizen of India who goes to a Police Station to report commission of an offence deserves to be treated with human dignity. That is his fundamental right under Article 21 of the Constitution of

Constitutional Law

Vishal Tiwari vs Union Of India 2025 INSC 647 - Judiciary - Contempt -Judicial Review - Hate Speech

Constitution of India - Article 32,226 - Each branch of the State in a democracy, be it the legislature, executive or the judiciary, especially in a constitutional democracy, acts within the framework of the Constitution. It is the Constitution that is higher than all of us. It is the

Criminal

Rajendra Anant Varik Vs Govind B. Prabhugaonkar 2025 INSC 633 - S.138 NI Act - Compounding - Article 142 Power

Negotiable Instruments Act- Section 138 - Supreme Court invoked Article 142 powers to to compound the offence under Section 138 NI Act and acquit the accused-subject to the condition that the entire amount [Cheque amount plus compensation amount] deposited by the accused-appellant shall be paid to the complainant-respondent, if the

Family Law

Kumari Rekha vs Shambhu Saran Paswan 2025 INSC 631 - Art. 142 Constitution - Irretrievable Breakdown Of Marriage

Constitution of India - Article 142 - Even when none of the available grounds on which a Hindu marriage could be dissolved is present, the same is not a bar to exercise powers under Article 142 of the Constitution; more particularly when it is a case of irretrievable breakdown of

Constitutional Law

Kabir Paharia vs National Medical Commission 2025 INSC 623- Persons With Disabilities - Reasonable Accommodation

Constitution of India - Article 14,16,21 - Rights of Persons with Disabilities Act, 2016 - Reasonable accommodation is not a matter of charity but a fundamental right flowing from Articles 14, 16, and 21 of our Constitution. When administrative authorities create arbitrary barriers that exclude qualified PwBD candidates,

Criminal

Vijay Pal Yadav vs Mamta Singh - Police - Dignity Of Accused

Constitution of India - Article 21 - Dignity - Even if a person may be a ‘criminal’, the law requires that he be treated in accordance therewith. Even a ‘criminal’, under the law of our land, enjoys certain safeguards in order to ensure protection of his person and dignity -In

Constitutional Law

K. Valarmathi vs. Kumaresan 2025 INSC 606 - Art. 227 Constitution - Rejection Of Plaint

❓Can the High Court in exercise of its supervisory jurisdiction under Article 227 reject a plaint? Constitution of India - Article 227 ; Code of Civil Procedure 1908 - Order VII Rule 11 - Can the High Court in exercise of its supervisory jurisdiction under Article 227 reject a plaint? SC

Constitutional Law

Pragya Prasun vs Union Of India 2025 INSC 599 - Digital KYC - Access To PwDS

Constitution of India - Article 21 - Supreme Court issues directions in order to make the process of digital KYC accessible to persons with disabilities, especially facial / eye disfigurements due to acid attacks and visual impairments- (Para 18) Constitution of India - Article 21 - The State’s obligations under

Consumer Protection Act

Rutu Mihir Panchal vs Union Of India 2025 INSC 593 - Consumer Protection Act - Pecuniary Jurisdiction Prescription - Constitutional Validity Upheld

Consumer Protection Act 2019 - Sections 34(1), 47(1)(a)(i) and 58(1)(a)(i) -Constitutional Validity of provisions prescribing pecuniary jurisdictions of the district, state and national commissions on the basis of value of goods and services paid as consideration, instead of compensation claimed upheld - The

Constitutional Law

Shyam Nandan Mehta vs Santosh Kumar 2025 INSC 586 - Writ Petition -Illegal Appointment - Incorrect Information

Constitution of India - Article 226 - Supreme Court set aside HC judgment which declared the appointment of a candidate illegal and observed: It is for the recruiting agency to take action against any candidate if incorrect information is supplied. The same cannot be made a foundation for allowing the

Constitutional Law

Principal Chief Conservator of Forest vs Suresh Mathew 2025 INSC 569 - Tender - Judicial Review

Constitution of India - Article 226 - Tender matters - Government is the protector of financial resources of the state and thus, it has every right to cancel and call for fresh tender if it is in the nature of protecting the financial interests of the State- Scope of judicial

Service Law

Chief Executive Officer vs S. Lalitha 2025 INSC 565 - Administrative Tribunals Act - CAT- Limitations

Administrative Tribunals Act 1985 - Section 19,20 - If the relevant service rules do not provide for making of a representation against final orders, by reason of absence of such a provision, the remedy of the aggrieved applicant-public servant would lie directly before the CAT in challenging the order/