List Of Overruled Supreme Court Judgments

2024

P.V. Narasimha Rao vs. State (CBI/SPE) [1998] 2 S.C.R. 870 [5 J Bench] overruled in Sita Soren vs Union Of India 2024 INSC 161 (7-0) – An individual member of the legislature cannot assert a claim of privilege to seek immunity under Articles 105 and 194 from prosecution on a charge of bribery in connection with a vote or speech in the legislature. 

 Asian Resurfacing Of Road Agency Pvt. Ltd. vs CBI [2018] 2 S.C.R. 1045  [3 J Bench] overruled in High Court Bar Association Allahabad vs State Of Uttar Pradesh 2024 INSC 150 [5 J Bench]– A direction that all the interim orders of stay of proceedings passed by every High Court automatically expire only by reason of lapse of time cannot be issued in the exercise of the jurisdiction of this Court under Article 142 of the Constitution of India.

2023

N N Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd. (2023) 7 SCC 1 [5 J Bench (3-2)] overruled in Re: Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 | 2023 INSC 1066 [7 J Bench] – Agreements which are not stamped or are inadequately stamped are inadmissible in evidence under Section 35 of the Stamp Act. Such agreements are not rendered void or void ab initio or unenforceable -Non-stamping or inadequate stamping is a curable defect; -An objection as to stamping does not fall for determination under- Sections 8 or 11 of the Arbitration Act. The concerned court must examine whether the arbitration agreement prima facie exists;- Any objections in relation to the stamping of the agreement fall within the ambit of the arbitral tribunal.

Sudeer vs. Bar Council of India & Anr.[(1999) 3 SCC 176] overruled in Bar Council of India v.Bonnie Foi Law College [2023] 2 S.C.R. 343

2018

Suresh Kumar Koushal v. Naz Foundation (2014) 1 SCC 1 overruled in Navtej Singh Johar vs Union Of India Section 377 of the Indian Penal Code, in so far as it criminalises consensual sexual conduct between adults of the same sex, is unconstitutional.

In Joseph Shine vs Union Of India, Justice Chandrachud concurred with the overruling of Sowmithri Vishnu v. Union of India AIR 1985 SC 1618 and V. Revathi v. Union of India (1988)2 SCC 72 to hold that Section 497 of Indian Penal Code which criminalized adultery is unconstitutional.

2017

ADM Jabalpur v Shivakant Shukla (1976) 2 SCC 521 overruled in Justice KS Puttaswamy vs Union Of India to the extent it held that Article 21 is the sole repository of all rights to life and personal liberty, and, when suspended, takes away those rights altogether

Kharak Singh v State of Uttar Pradesh (1964) 1 SCR 332 overruled in Justice KS Puttaswamy vs Union Of India to the extent that it held that the right to privacy is not protected under the Indian Constitution was also overruled.

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