Supreme Court Rules, 2013

A batch of five review petitions was filed challenging the Supreme Court's common judgment and order dated 06‑09‑2022 in Civil Appeals No. 1661 of 2020 and No. 2568 of 2020, which interpreted the interplay between Section 48 of the Gujarat Value‑Added Tax Act, 2003 and Section 53 of the Insolvency and Bankruptcy Code, …

The petitioner, Ashiq Hussain Faktoo, was convicted by the Supreme Court in 2003 under TADA and the IPC for murder and sentenced to life imprisonment. Review and curative petitions filed earlier were dismissed. He subsequently filed a writ petition under Article 32 seeking release on the ground of the doctrine of ex de…

Jasminbhai Bharatbhai Kothari, convicted under IPC Section 302 read with Section 34 and the Arms Act, sought an extension of temporary bail, which the Gujarat High Court refused. While filing a Special Leave Petition (SLP) before the Supreme Court, he also filed an interlocutory application seeking exemption from surre…

The petitioner, convicted under the 1993 Bombay bomb blasts and sentenced to death by a TADA court, sought a writ under Article 32 to stay the execution of the death warrant dated 30 April 2015, alleging procedural irregularities and that his curative petition had not been decided by a bench constituted as per Supreme …

The President of India referred a matter under Article 317(1) of the Constitution seeking the removal of Ms. Mepung Tadar Bage, a member of the Arunachal Pradesh Public Service Commission (APPSC), alleging misbehaviour in connection with the leakage of the Assistant Engineer (Civil) Mains Examination question paper in …

The petitioner Yakub Abdulrazak Memon, whose death sentence under the TADA Act had been confirmed by the Supreme Court, filed a review petition and a curative petition challenging the order dated 9 April 2015. The curative petition was considered by a bench of the three senior-most judges, but not by the judges who had…

Rajendra Khare, who lodged FIR No.39/2016, was not made a party to a transfer petition filed by the accused seeking to move the trial of Criminal Case No.3483 of 2017 from Delhi to Allahabad. The Supreme Court transferred the case on 18 May 2018 without issuing notice under Order XXXIX Rule 2, and the petitioner’s subs…

The appellants, M/s Brahmaputra Concrete Pipe Industries, challenged a Registrar's order refusing to register their curative petitions, arguing that the Registry lacked authority to dismiss such petitions on the ground that the preceding review petition was not dismissed by circulation. The review petition had been dis…

The Supreme Court examined challenges to the Supreme Court Lawyers’ Chambers (Allotment and Occupancy) Rules, specifically the block period for meeting eligibility criteria, the requirement that applicants be members of the Supreme Court Bar Association (SCBA), and the residence requirement of being in Delhi/New Delhi.…

The dispute concerned ownership of a 2‑18‑10 bigha parcel of land in NOIDA, jointly purchased in 1997 by Reddy, Sudhakar and Vishnu. Reddy later sought to establish sole ownership by filing separate suits and a writ petition, suppressing the earlier joint‑ownership litigation, and obtained a High Court order declaring …

The appellant, a practising advocate, was charged with criminal contempt after he and about fifty other lawyers obstructed police officers attempting to execute a non‑bailable warrant issued by a Madras High Court judge. The High Court found a prima facie case of contempt under Section 2(c)(iii) of the Contempt of Cour…

The petitioner, Sundar, was convicted of kidnapping and murdering a seven‑year‑old child and sentenced to death by the trial court, a decision affirmed by the High Court and the Supreme Court. He filed a review petition alleging errors in the evidence, especially the admissibility of call‑detail records (CDRs) without …

The Supreme Court examined criminal appeals filed in the name of Bhagwan Singh, who alleged that his son‑in‑law and daughter had fabricated vakalatnamas, affidavits and other documents to lodge a Special Leave Petition and related proceedings without his knowledge, thereby attempting to falsely implicate Ajay Katara, a…

The appellant, convicted of murder and sentenced to thirty years without remission, filed a Special Leave Petition (SLP) in the Supreme Court but suppressed the fixed‑term nature of his sentence, leading the Court to initially treat the case as a simple life sentence. The SLP was drafted by senior advocate Rishi Malhot…

Advocate-on-Record Siddharth Rajkumar Murarka filed a writ petition seeking to use the style "Law Chambers of Siddharth Murarka, Sole Proprietor Siddharth Rajkumar Murarka" on his letterhead and Vakalatnama, arguing that such a designation is permissible and that other High Courts allow it. The petition raised two ques…

The Supreme Court examined petitions filed under Article 32 seeking an inquiry into the death of Judge Brijgopal Harkishan Loya, who died on 1 December 2014 while presiding over the Sohrabuddin case. The petitioners relied on media reports alleging foul play and questioned the conduct of the judges who accompanied the …

Adani Power Rajasthan Ltd. filed a miscellaneous application seeking a direction that the Rajasthan distribution companies pay a late payment surcharge of Rs.1376.35 crore, alleging that the Supreme Court's earlier judgment on the matter was incomplete. The application was filed after the main appeals (Civil Appeals No…

Advocate-on-Record Mohit Chaudhary, who had been practising since 2009, made an agitated mention before the Supreme Court alleging that the Court's Registry colluded with the opposite party to hastily list a matter for the purpose of bench hunting. He produced a letter to the Chief Justice containing false averments th…

The Supreme Court examined a massive batch of land‑acquisition disputes involving the Government of NCT of Delhi and its agencies versus private landowners, notably M/s BSK Realtors LLP. The core issues were whether the dismissal of a civil appeal by one authority in the first round barred other authorities from filing…

The Delhi Development Authority and other government bodies filed a batch of appeals and petitions seeking condonation of delay for challenging High Court orders that declared land acquisition proceedings under the 1894 Act to have lapsed under Section 24(2) of the 2013 Act. The appellants argued that subsequent judici…

The petitioner, brother of a murder victim, sought transfer of the criminal trial from West Bengal to Assam, alleging bias, witness intimidation, and procedural irregularities including a state‑issued notification to withdraw prosecution. The High Court set aside the withdrawal order and directed the trial to continue,…

The Government of NCT of Delhi and the Delhi Development Authority sought review of several civil appeals that had been dismissed on the basis of the Supreme Court’s decision in Pune Municipal Corporation v. Harakchand Misirimal Solanki, which interpreted Section 24(2) of the 2013 Land Acquisition Act. After the Consti…

Nandini Sharma and another filed a writ petition under Article 32 challenging Rule 1(b), Rule 5 and Rule 7(c) of Order IV of the Supreme Court Rules, 2013, alleging that conferring exclusive rights to practice before the Supreme Court on Advocates on Record (AOR) is unreasonable, discriminatory and violative of Article…

The petitioners, practising advocates, filed a writ under Article 32 challenging the constitutional validity of Sections 16 and 23(5) of the Advocates Act, 1961 and Rule 2 of Order IV of the Supreme Court Rules, 2013, alleging that the designation of senior advocates creates an unlawful class violating Articles 14, 19 …

The appellant, Saumya Chaurasia, a Deputy Secretary in the Chhattisgarh Chief Minister’s Office, was arrested in connection with an extortion‑linked money‑laundering case investigated by the Enforcement Directorate. She sought bail under Section 439 of the Cr.P.C., but the High Court rejected her application, prompting…

The petitioners sought a review of the Supreme Court's 28 September 2018 judgment in Indian Young Lawyers Association v. State of Kerala, which struck down the exclusion of women aged 10‑50 from the Sabarimala temple. The Court examined whether any material error or patent mistake existed in the earlier judgment, parti…

The Supreme Court entertained a review application filed by the Union of India seeking correction of two sentences in paragraph 25 of its 14‑December‑2018 judgment on the Rafale fighter‑jet procurement, and also considered the petitioners' claim that the Court had failed to order registration of an FIR and CBI investig…

The petitioners, including a member of the Commission for Judicial Accountability and Reforms, filed successive writ petitions alleging that an FIR implicated senior judicial functionaries and that the Chief Justice of India (CJI) should not hear or assign the matter. They sought a Special Investigation Team and the re…

The petitioners challenged the constitutionality of the practice of designating Senior Advocates under Section 16 of the Advocates Act, 1961 and Order IV Rule 2 of the Supreme Court Rules, alleging violations of Articles 14, 15, 18 and 21 of the Constitution. The Court examined whether the power to confer the designati…

The Supreme Court revisited the guidelines it had laid down in 2017 for the designation of Senior Advocates under Section 16 of the Advocates Act, 1961. It held that voting by secret ballot should be an exception rather than the rule and that the reasons for resorting to such a vote must be recorded. The Court refined …

The Supreme Court examined the conduct of advocate Mathews J. Nedumpara, who repeatedly insulted and attempted to browbeat judges during proceedings, and held that such behaviour amounts to contempt in the face of the Court. The Court noted his prior disruptive conduct before tribunals and the Bombay High Court, conclu…

Surendra Koli, a former domestic help at the Nithari residence, was convicted for the murder, rape and related offences of a minor based on a Section 164 confession and alleged discoveries under Section 27 of the Evidence Act. The Supreme Court had earlier affirmed his conviction and death sentence in 2011, and a revie…

Asok Pandey, a member of the Bar, filed a writ petition under Article 32 seeking mandamus directing the Supreme Court to prescribe a fixed procedure for constituting benches—three‑judge benches to consist of the Chief Justice of India and the two senior‑most judges, and Constitution benches to consist of the five senio…

The Supreme Court clarified that the Chief Justice of India (CJI) is the sole authority to constitute benches and allocate cases, a principle derived from the State of Rajasthan v. Prakash Chand judgment and applicable to the Supreme Court. The Court held that a two‑judge bench cannot direct the composition of a bench …

The State of West Bengal filed an original suit under Article 131 of the Constitution seeking a declaration that the Union of India’s registration of cases by the CBI after the State withdrew its consent under Section 6 of the Delhi Special Police Establishment (DSPE) Act is unconstitutional, and asked for an injunctio…

The case concerned the conviction of two accused, Sajeev (A10) and Roy (A11), for their role in a conspiracy to mix methyl alcohol with spirit and sell it as illicit liquor, which caused seven deaths, eleven cases of blindness and injuries to over forty persons. The trial court and Kerala High Court convicted them unde…

Sanjit Saha and Anil Saha, convicted under IPC 376(2)(g) and sentenced to ten years' rigorous imprisonment, filed a Special Leave Petition (Criminal) together with an application for exemption from surrender. The Chamber Judge rejected the exemption, gave them six weeks to surrender and later two weeks to file surrende…

The State of Goa and Vedanta Ltd. filed review petitions against the Supreme Court's judgment in Goa Foundation v. Sesa Sterlite Ltd. (2018) more than 650 and 907 days, respectively, after the judgment was delivered on 7 February 2018. Under Rule 2 of Order XLVII of the Supreme Court Rules, 2013, a review must be filed…

The case concerns the infamous Nirbhaya gang‑rape and murder, where the accused Mukesh was convicted and sentenced to death by the trial court, a decision affirmed by the Delhi High Court and the Supreme Court. Mukesh filed a review petition under Article 137 of the Constitution, alleging illegal arrest, police‑induced…

The petitioners, Vinay Sharma and Pawan Kumar Gupta, filed review petitions challenging the Supreme Court's order dismissing their criminal appeals in the Nirbhaya gang‑rape case. They raised numerous grounds, including the abolition of the death penalty, alleged errors in the assessment of eye‑witness testimony, the i…

The petitioner, Siddamsetty Infra Projects Pvt. Ltd., entered into two agreements to sell agricultural land with the respondents in 1997, paid a substantial portion of the consideration, and sought specific performance after the respondents refused to execute the sale deed. The trial court dismissed the suit, the High …

The Supreme Court had earlier held that there is no reservation in promotion by selection for Group‑A posts (salary up to Rs 5700) in banks, only a concession, but the judgment also contained a contradictory paragraph stating that reservation applies to posts with salary less than Rs 5700 (pre‑revised) and thus directe…

The petitioners challenged the Constitution (One Hundred and Third Amendment) Act, 2019, which inserted clauses 15(6) and 16(6) permitting a 10% reservation for economically weaker sections in educational institutions and public employment. They argued that the amendment violated the basic structure of the Constitution…

The dispute arose from a representation agreement between D.M.C. Management Consultants Ltd. and Integrated Sales Service Ltd., which contained an arbitration clause. After the arbitrator awarded US $6.9 million against DMC, the award was sought to be enforced against non‑signatory parties, including Arun Dev Upadhyaya…

Supertech Ltd constructed Towers 16 and 17 in Emerald Court, NOIDA. The Allahabad High Court ordered their demolition for violating minimum distance requirements, green‑area norms, and provisions of the Uttar Pradesh Apartment Act, 2010 and the Uttar Pradesh Ownership Flats Act, 1975. The Supreme Court affirmed the dem…

The State of Tamil Nadu filed a suit under Article 131 of the Constitution against Karnataka and the Union of India, seeking a declaration that Karnataka's construction of check dams and diversion structures on the Pennaiyar River without Tamil Nadu's consent was illegal and violated the fundamental rights of its inhab…

The liquidator of a corporate debtor filed an appeal under Section 62 of the Insolvency and Bankruptcy Code (IBC) after the 45‑day filing period but within the 60‑day grace period, and the appeal was marked defective. The liquidator failed to cure the defects within the 28‑day period prescribed by the Supreme Court Rul…

The Union of India challenged an international commercial arbitration award in favour of Hardy Exploration and Production (India) Inc. by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996. The respondent argued that Indian courts lacked jurisdiction because the arbitration agreement s…