Supreme Court (Constitution Benches) Archives

Case Briefs Supreme Court (Constitution Benches)

SC Constitution Bench| Binding nature of a judgment depends on the Bench Strength and not the numerical strength of the Judges taking majority view

Supreme Court: Explaining the doctrine of precedents, the 5-judge Constitution Bench of Indira Banerjee*, Hemant Gupta*, Surya Kant, MM Sundresh and Sudhanshu

Yearly Round-up 2021| Supreme Court Constitution Bench

Unlike the year 2020, the Supreme Court Constitution Bench has functioned limitedly in the year 2021, with the number of judgments delivered

Case Briefs Supreme Court (Constitution Benches)

Aadhaar| When 4:1 majority refused to review the Aadhaar-5 Judges verdict but Justice Chandrachud dissented

Supreme Court: In spite of going through several rounds of litigation and long hours consideration, the Adhaar Controversy had once again popped

Case Briefs Supreme Court (Constitution Benches)

Maratha Reservation unconstitutional| The timeline of the case and the 3 questions that received unanimous opinions of all 5 judges

“Sufficient and adequate representation of Maratha community in public services is indicator that they are not socially and educationally backward.”

Case Briefs Supreme Court (Constitution Benches)

No more “mechanical” conversion of complaints under Section 138 NI Act from summary to summons trial; Magistrates “must” record reasons: Supreme Court

“Such conversion of complaints under Section 138 from summary trial to summons trial has been contributing to the delay in disposal of the cases.”

Case Briefs Supreme Court (Constitution Benches)

Accused under NDPS Act not entitled to acquittal as a blanket rule merely because the complainant is the investigating officer: 5-Judge Bench

Supreme Court: The 5-judge Constitution bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and S. Ravindra Bhat, JJ has held

Case Briefs Supreme Court (Constitution Benches)

States, and not MCI, have power to make reservation for in-service candidates in Post Graduate Medical Course; Constitution bench holds

Supreme Court: The 5-judge Constitution bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose, JJ has held that

Case Briefs Supreme Court (Constitution Benches)

Sub-classification of Scheduled Castes| 5-judge bench calls for revision of E.V. Chinnaiah decision; Matter referred to larger bench [DETAILED REPORT]

“The aspiration of equal treatment of the lowest strata, to whom the fruits of the reservation have not effectively reached, remains a

Case Briefs Supreme Court (Constitution Benches)

SARFAESI Act applicable to Cooperative Banks: Constitution Bench

Supreme Court: The 5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose, JJ has held that “’banking’

Case Briefs Supreme Court (Constitution Benches)

State Government cannot fix the “minimum price” of sugarcane once Centre has already fixed it

Supreme Court: The 5-judge bench of Arun Mishra, Indira Banerjee and Vineet Saran, M.R. Shah and Aniruddha Bose, JJ., held that once

Case Briefs Supreme Court (Constitution Benches)

Andhra Pradesh’s 100% reservation for Scheduled Tribe candidates for the post of teachers without rhyme or reason: SC

Supreme Court: Holding the Government Office Ms. No.3 dated 10.1.2000 issued by the erstwhile State of Andhra Pradesh providing 100% reservation to

Case Briefs Supreme Court (Constitution Benches)

District Forum can’t extend limitation period of 45 days for filing response under Section 13 of Consumer Protection Act

Supreme Court: The 5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and S. Ravindra Bhat, JJ has held that

Case Briefs Supreme Court (Constitution Benches)

No lapse of acquisition proceedings if government has ‘paid’ compensation

Supreme Court: In a landmark ruling the 5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah, and Ravindra Bhat, JJ

Case Briefs Supreme Court (Constitution Benches)

Nirbhaya| SC dismisses the curative plea of the fourth Death Row convict

Supreme Court: A five-judge Constitution bench of the Supreme Court today dismissed the curative petition filed by Pawan Kumar Gupta, a death

Case Briefs Supreme Court (Constitution Benches)

Article 370| Here’s why the 5-judge bench refused to refer the pleas challenging the abrogation of Article 370 to a larger bench

Supreme Court: The 5-judge Constitution bench of NV Ramana, SK Kaul, R. Subhash Reddy, BR Gavai and Surya Kant, JJ has refused

Case Briefs Supreme Court (Constitution Benches)

Sabarimala| Questions of law can be referred to larger bench while hearing a review petition; Issues framed

Supreme Court: The 9-judge bench of SA Bobde, CJ and R Banumathi, Ashok Bhushan, L Nageswara Rao, M M Shantanagoudar, S A

Case Briefs Supreme Court (Constitution Benches)

Nirbhaya Case| Akshay Kumar Singh’s curative petition dismissed by a 5-judge bench

Supreme Court: A 5-judge bench of NV Ramana, Arun Mishra, RF Nariman, R. Banumathi and Ashok Bhushan, JJ has rejected the curative

Case Briefs Supreme Court (Constitution Benches)

5-judge bench holds no time limit could be fixed while granting anticipatory bail [Full report]

Supreme Court: In a significant ruling, a 5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah, and Ravindra Bhat, JJ has

Case Briefs Supreme Court (Constitution Benches)

State legislature can’t enact a law that touches the jurisdiction of the Supreme Court; Section 13(2) of the Chhattisgarh Rent Control Act held unconstitutional

Supreme Court: The 5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and S. Ravindra Bhat, JJ has declared Section

Case Briefs Supreme Court (Constitution Benches)

Sabarimala Review Petitions NOT referred to a larger bench, but kept pending. Here’s what Supreme Court has actually held

Supreme Court: The 5-judge Constitution Bench of Ranjan Gogoi, CJ and RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, JJ has

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Supreme Court (Constitution Benches)

SC Constitution Bench| Binding nature of a judgment depends on the Bench Strength and not the numerical strength of the Judges taking majority view

Yearly Round-up 2021| Supreme Court Constitution Bench

Aadhaar| When 4:1 majority refused to review the Aadhaar-5 Judges verdict but Justice Chandrachud dissented

Maratha Reservation unconstitutional| The timeline of the case and the 3 questions that received unanimous opinions of all 5 judges

No more “mechanical” conversion of complaints under Section 138 NI Act from summary to summons trial; Magistrates “must” record reasons: Supreme Court

Accused under NDPS Act not entitled to acquittal as a blanket rule merely because the complainant is the investigating officer: 5-Judge Bench

States, and not MCI, have power to make reservation for in-service candidates in Post Graduate Medical Course; Constitution bench holds

Sub-classification of Scheduled Castes| 5-judge bench calls for revision of E.V. Chinnaiah decision; Matter referred to larger bench [DETAILED REPORT]

SARFAESI Act applicable to Cooperative Banks: Constitution Bench

State Government cannot fix the “minimum price” of sugarcane once Centre has already fixed it

Andhra Pradesh’s 100% reservation for Scheduled Tribe candidates for the post of teachers without rhyme or reason: SC

District Forum can’t extend limitation period of 45 days for filing response under Section 13 of Consumer Protection Act

No lapse of acquisition proceedings if government has ‘paid’ compensation

Nirbhaya| SC dismisses the curative plea of the fourth Death Row convict

Article 370| Here’s why the 5-judge bench refused to refer the pleas challenging the abrogation of Article 370 to a larger bench

Sabarimala| Questions of law can be referred to larger bench while hearing a review petition; Issues framed

Nirbhaya Case| Akshay Kumar Singh’s curative petition dismissed by a 5-judge bench

5-judge bench holds no time limit could be fixed while granting anticipatory bail [Full report]

State legislature can’t enact a law that touches the jurisdiction of the Supreme Court; Section 13(2) of the Chhattisgarh Rent Control Act held unconstitutional

Sabarimala Review Petitions NOT referred to a larger bench, but kept pending. Here’s what Supreme Court has actually held

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RTI on pay scales, gross pay, PF deduction and TDS| Unhappy with CPIO’s response, Central Information Commission allows inspection of records

Dishonour of Cheque – S. 141 NI Act| Complainant only supposed to have general knowledge of person(s) in charge of company/firm; Burden on Director/Partner to prove their innocence: SC

Can Arbitration Proceedings Against a Director/Promoter Continue Even after Moratorium is Imposed on the Principal Debtor Company

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In conversation with Ankit Gupta, on winning Chevening Scholarship

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Supreme Court holds private school teachers entitled to gratuity; upholds Constitutional validity of Payment of Gratuity (Amendment) Act, 2009

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