Constitutional Law - CaseCiter (Page 8)

Vivek Kumar Chaturvedi vs State Of U.P. 2025 INSC 159 - Habeas Corpus - Child Custody

Constitution of India - Article 226 - Habeas Corpus -There can be no hard and fast rule insofar as the maintainability of a Habeas Corpus petition relating to custody of minor children; which would depend on the facts and circumstances of each case. [In this case, the father is seeking

Criminal

Vihaan Kumar Vs State Of Haryana 2025 INSC 162 - Art. 22 Constitution - Requirement Of Informing Grounds Of Arrest

Constitution of India - Article 21,22 - a) The requirement of informing a person arrested of grounds of arrest is a mandatory requirement of Article 22(1); b) The information of the grounds of arrest must be provided to the arrested person in such a manner that sufficient knowledge

Constitutional Law

S.R.S. Travels vs Karnataka State Road Transport Corporation Workers 2025 INSC 152 - Motor Vehicles Act - Repeal Of KCCA Act - Delegation - Legislation - Repeal

Karnataka Motor Vehicles Taxation and Certain Other Law (Amendment) Act, 2003- Section 3- Section 3 which repeals the KCCA Act, is constitutional - The rationale underlying the 2003 Repeal Act is sound and consistent with the principles of legislative power. The arguments advanced that the repeal would amount to an

Service Law

Airports Authority Of India vs Pradip Kumar Banerjee 2025 INSC 149 - Disciplinary Proceedings - Art. 226 Constitution - Intra Court Writ Appeal

Disciplinary proceedings -In disciplinary proceedings, it is not necessary for the Disciplinary Authority to deal with each and every ground raised by the delinquent officer in the representation against the proposed penalty and detailed reasons are not required to be recorded in the order imposing punishment if he accepts the

Criminal

Directorate Of Enforcement vs Subhash Sharma 2025 INSC 141 - S 45 PMLA - S 57 CrPC - Art. 22 Constitution - Bail - Illegal Arrest

PMLA - Section 45 - When arrest is illegal or is vitiated, bail cannot be denied on the grounds of non-fulfillment of twin tests under clause (ii) of sub-section 1 of Section 45 of PMLA (Para 9) Constitution of India - Article 22 - Code of Criminal Procedure 1973 -

Constitutional Law

Lok Prahari Vs Union Of India- Art. 224A Constitution - Ad-hoc Judges Appointment

Constitution of India - Article 224A - Each High Court may take recourse to Article 224A of the Constitution of India for the appointment of ad-hoc Judges between 2 to 5 in number, but not exceeding 10% of the sanctioned strength. The ad-hoc Judges will sit in a Bench presided

Constitutional Law

Krishnadatt Awasthy vs State Of M.P 2025 INSC 126- Natural Justice - Writ Jurisdiction

Natural Justice -Whether the denial of natural justice at the initial stage can be cured by an appellate body? concluded that a defect at the initial stage cannot generally be cured at the appellate stage. Even in cases where a ‘full jurisdiction’ may be available at the appellate stage, the

Constitutional Law

Dr. Tanvi Behl vs Shrey Goel 2025 INSC 125 - Residence-Based Reservation In PG Medical Courses

Constitution of India - Article 14 - Residence-based reservation is impermissible in PG Medical courses - Reservation at the higher level on the basis of ‘residence’ would be violative of Article 14 of the Constitution of India- If such a reservation is permitted then it would be an invasion on

Criminal Law

Mahabir Vs State Of Haryana 2025 INSC 120 - S 372 CrPC - Victims' Right To Appeal - Art.20-22 Constitution - S 145 Evidence Act - Public Prosecutors

Victims Right To Appeal - Role of Public Prosecutors

Constitutional Law

S Shobha Vs Muthoot Finance Ltd. 2025 INSC 117 - Art. 226 Constitution - Maintainability Of Writ Petition Against Non-Banking Finance Company

Is writ petition maintainable against a non-banking finance company?

Death Penalty

Deen Dayal Tiwari vs State Of Uttar Pradesh 2025 INSC 111 - Death Sentence Commuted

Death Sentence - The imposition of capital punishment is an exception and not the rule. Even where multiple murders have been committed, if there is evidence or at least a reasonable possibility of reform, a lesser sentence must be preferred - In this case, the Appellant was convicted for the

Constitutional Law

Ramesh Baghel vs State Of Chhattisgarh 2025 INSC 109 - Burial Place Dispute

Summary: HC dismissed Writ petition seeking direction to the State of Chhattisgarh to allow the appellant to bury his father at the same site where his ancestors were buried in the village of Chhindwada - In appeal, SC delivered split verdict - However, it disposed appeal by issuing following directions:

Constitutional Law

Tamil Nadu Cements Corporation Limited vs Micro And Small Enterprises Facilitation Council 2025 INSC 91 - Arbitration Act - S 18 MSMED Act - Art. 226 Constitution

Constitution of India - Article 226 - Micro, Small and Medium Enterprises Development Act, 2006 - Section 18 - Whether a writ petition under Article 226 of the Constitution would be maintainable against an order passed by the Micro and Small Enterprises Facilitation Council1 in exercise of power under Section

Disciplinary Proceedings

General Manager Personnel Syndicate Bank vs BSN Prasad 2025 INSC 89 - Disciplinary Proceedings - Bank Officials- Judicial Review

Disciplinary Proceedings - An acquittal in a criminal case is no ground to exonerate a delinquent in disciplinary proceedings as the standard of proof differs in these proceeding- (Para 16) the exercise of powers by the disciplinary authority is always subject to principles of proportionality and fair play. (Para 23)

Constitutional Law

Jyostnamayee Mishra vs State Of Odisha 2025 INSC 87- Art. 14 Constitution - Negative Equality - Responsible Drafting & Diligent Pleadings

Constitution of India - Article 14 - A litigant coming to the Court cannot claim negative discrimination seeking direction from the Court to the department to act in violation of the law or statutory Rules - Article 14 does not envisage negative equality. (Para 31) Pleadings - The importance of

Constitutional Law

Biswajit Das vs Central Bureau Of Investigation 2025 INSC 85 - Art. 136 Constitution - Limited Notice

Constitution of India - Article 136 - Since exercise of jurisdiction under Article 136 is discretionary, notices on appeals/petitions are not frequently issued by this Court. Nonetheless, if in a given case, notice is issued which is limited on terms but the party approaching the Court is otherwise persuasive

Disciplinary Proceedings

Bhupinderpal Singh Gill Vs State Of Punjab 2025 INSC 83 - Constitutional Courts - Judicial Review Of Disciplinary Proceedings - Natural Justice

Practice and Procedure - Constitutional Courts - Issuing limited notice at the stage of admission does not bar a Constitutional Court having inherent powers to pass such orders as the justice of the case before it demands to enlarge the scope of a petition/appeal at the stage of final

Constitutional Law

State of Jharkhand vs Vikash Tiwary @ Bikash Tiwary @ Bikash Nath 2025 INSC 79 - Art. 21 Constitution - Prison Reforms

Constitution of India - Article 21 - The prison administration needs to be reformed for creating a better environment and prison culture to ensure the prisoners enjoy their right to dignified life under Article 21. It is essential to continuously monitor the physical conditions prevailing in the prison, compliance with

Constitutional Law

Vimal Babu Dhumadiya vs State Of Maharashtra 2025 INSC 77 - Art. 32 Constitution

Constitution of India - Article 32 - SC dismissed writ petition seeking a declaration that Bombay HC judgment is illegal for having been passed without hearing the necessary parties by observing thus: Under Article 32 of the Constitution, the judgment of the Division Bench of the High Court of Judicature

Constitutional Law

Rajeeb Kalita vs Union Of India 2025 INSC 75 - Fundamental Right To Toilets

Constitution of India - Article 21 - Toilets / washrooms / restrooms are not merely a matter of convenience, but a basic necessity which is a facet of human rights. Access to proper sanitation is recognized as a fundamental right under Article 21 of the Constitution, which guarantees the right to life

Constitutional Law

Utkal Highways Engineers And Contractors vs Chief General Manager - Art. 226 Constitution - Writ Jurisdiction - Money Claims

Constitution of India - Article 226 - It is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a writ

Criminal Trial

Goverdhan vs State Of Chhattisgarh 2025 INSC 47 - Criminal Trial - Reasonable Doubt -

Criminal Trial - “Reasonable doubt”- It means that such doubt must be free from suppositional speculation. It must not be the result of minute emotional detailing, and the doubt must be actual and substantial and not merely vague apprehension. A reasonable doubt is not an imaginary, trivial or a

Juvenile Justice Act

Om Prakash @ Israel @ Raju @ Raju Das Vs Union Of India 2025 INSC 43 - Juvenile Justice Act

Juvenile Justice Act 2015- Section 9(2) -The plea of juvenility can be raised before any Court, meaning thereby that there is no question of finality in this regard until and unless an application filed, invoking this provision, is determined in accordance with the 2015 Act and the relevant rules.

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Mahesh Singh Banzara vs State Of Madhya Pradesh - Fundamental Right Of Appeal Against Conviction

Constitution of India - Article 21; Code of Criminal Procedure 1973 - Section 374- The right to appeal, particularly when it concerns the liberty of an individual, is a fundamental right under Article 21 of the Constitution- Right of Appeal from a judgment of conviction affecting the liberty of a

Arbitration and Conciliation Act 1996

Serosoft Solutions Pvt. Ltd. vs Dexter Capital Advisors Pvt. Ltd. 2025 INSC 26 - Art. 227 Constitution - Arbitration

Constitution of India - Article 227 - Arbitration and Conciliation Act 1996 -Judicial restraint in interfering with matters governed under Part I of the Act relating to arbitration agreement, composition and jurisdiction of Arbitral Tribunal, coupled with the conduct of the proceedings and making, challenge and enforcement of the award