October 2025 - Page 3 of 5 - Supreme Court of India Judgements

July 4, 2026 5:36 pm

Railways Act, 1989 — Section 124-A — “No-fault” liability for untoward incidents — Compensation is payable if the victim is a “passenger” — Explanation (ii) to Section 124-A defines “passenger” to include a person who has purchased a valid ticket — Mere non-recovery of a ticket from the victim is not fatal if a credible prima facie case is established — Burden then shifts to the Railways to disprove bonafide travel.

Oct 11, 2025 sclaw

2025 INSC 1201 SUPREME COURT OF INDIA DIVISION BENCH RAJNI AND ANOTHER Vs. UNION OF INDIA AND ANOTHER ( Before : Aravind Kumar and N.V. Anjaria, JJ. ) Civil Appeal…

C P C Limitation

Civil Procedure Code, 1908 (CPC) — Order 8 Rule 1 — Limitation for filing Written Statement in Commercial Suits — Extension of time due to COVID-19 pandemic — Supreme Court’s suo motu order excluded period from 15.03.2020 to 28.02.2022 for computing limitation — Even if statutory period of 120 days expired, if it fell within the excluded period, defendant should be allowed to file Written Statement.

Oct 11, 2025 sclaw

2025 INSC 1202 SUPREME COURT OF INDIA DIVISION BENCH M/S ANVITA AUTO TECH WORKS PVT. LTD. Vs. M/S AROUSH MOTORS AND ANOTHER ( Before : Aravind Kumar and N.V. Anjaria,…

Acquittal Electricity Act

Electricity Act, 1910 — Sections 39 and 44 — Theft of energy and interference with meters — Prosecution’s case based on alleged tampering of meter box with holes leading to reduced meter readings — Evidence from prosecution witnesses found to be based on estimation, presumption, approximation or possibilities, not on concrete proof — Lack of direct evidence showing accused tampering with the meter box or using artificial means for theft — Failure of prosecution to prove dishonest abstraction or consumption of electricity and malicious injury or fraudulent alteration of meter index beyond reasonable doubt — High Court’s reversal of acquittal by Trial Court found to be erroneous

Oct 11, 2025 sclaw

2025 INSC 1206 SUPREME COURT OF INDIA DIVISION BENCH MAHAVEER Vs. STATE OF MAHARASHTRA AND ANOTHER ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ. ) Criminal Appeal Nos.…

Stamp Act

Stamp Act, 1899 — Schedule 1-B, Article 40 & 57 — “Security Bond cum Mortgage Deed” — Stamp Duty — “Security Bond or Mortgage Deed” — Instrument’s substance, not nomenclature, determines stamp duty — Court must ascertain true legal character of instrument by examining operative recitals and clauses — Definition of Mortgage Deed (Section 2(17)) — Instrument transferring right over specified property to secure performance of engagement is a mortgage deed — Article 57 (second limb — executed by a surety to secure the due performance of a contract) is restricted to cases where a distinct surety executes a bond to secure the obligations of another; it does not apply when the principal debtor itself executes the deed mortgaging its own property — Principal debtor executing a deed mortgaging its own property is a mortgage deed attracting Article 40.

Oct 11, 2025 sclaw

2025 INSC 1207 SUPREME COURT OF INDIA DIVISION BENCH M/S GODWIN CONSTRUCTION PVT. LTD. Vs. COMMISSIONER, MEERUT DIVISION & ANR. ( Before : Ahsanuddin Amanullah and Prashant Kumar Mishra, JJ.…

Direct Taxation Income Tax

Income Tax Act, 1961 — Section 260A — Appeals to High Court — Charitable Purpose Registration — High Court dismissed revenue’s appeals, stating issues were covered by earlier decisions, but failed to examine facts against the law. Supreme Court found impugned orders lacked factual elaboration and remanded for reconsideration in light of settled law by a larger bench decision.

Oct 11, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF INCOME TAX (EXEMPTION) LUCKNOW Vs. M/S. KHURJA DEVELOPMENT AUTHORITY ( Before : Manoj Misra and Nongmeikapam Kotiswar Singh, JJ. ) Civil Appeal…

Service

Recruitment Regulations — Manager (E-3) — Qualifications — Prescribed qualifications for Manager (E-3) include First Class MBA/B.Tech./B.E. or professional degree with relevant experience. For Manager (A.T.C.), specific engineering degrees in Electronics/Tele-communications/Radio Engineering/Electrical with specialization in Electronics or M.Sc. with specific specializations were required.

Oct 11, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VIVEK YADAV Vs. AIRPORT AUTHORITY OF INDIA CHAIRMAN AND ANOTHER ( Before : Manoj Misra and Nongmeikapam Kotiswar Singh, JJ. ) Civil Appeal No.…

G S T

Delhi Value Added Tax Act, 2004 — Section 9(2)(g) — Input Tax Credit (ITC) — Bona fide purchaser dealer paying tax to registered seller dealer — Seller dealer defaulting in depositing tax with government — High Court’s interpretation of Section 9(2)(g) — Court reading down the provision to protect bona fide purchasers — Department’s remedy against defaulting seller, not denial of ITC to purchaser — collusion exception remains.

Oct 11, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE COMMISSIONER TRADE AND TAX DELHI Vs. M/S SHANTI KIRAN INDIA (P) LTD. ( Before : Manoj Misra and Nongmeikapam Kotiswar Singh, JJ. )…

Constitution Service

Constitution of India, 1950 — Article 233(2) — Appointment of District Judges — Eligibility for in-service candidates — Clause (2) not prescribing qualifications for those already in judicial service — Such candidates not barred from direct recruitment — Interpretation to the contrary renders first part of Clause (2) redundant.

Oct 11, 2025 sclaw

2025 INSC 1208 SUPREME COURT OF INDIA 5 JUDGES BENCH REJANISH K.V. Vs. K. DEEPA AND OTHERS ( Before : B.R. Gavai, CJI, Aravind Kumar, Satish Chandra Sharma and K.…

Constitution

Surrogacy (Regulation) Act, 2021 — Section 4(iii)(c)(I) — Age-restriction for intending couples — Retrospective application — Intending couples who commenced surrogacy procedures (including embryo creation and freezing) before the Act’s commencement date (25.01.2022) are not subject to the age-restrictions under Section 4(iii)(c)(I). The Act, unless expressly or by necessary implication made retrospective, is presumed to be prospective. The commencement of freezing embryos signifies a vested right and a crystallized intention, preventing subsequent age-bar imposition from frustrating the process.

Oct 11, 2025 sclaw

2025 INSC 1209 SUPREME COURT OF INDIA DIVISION BENCH VIJAYA KUMARI S AND ANOTHER Vs. UNION OF INDIA ( Before : B.V. Nagarathna and K.V. Viswanathan, JJ. ) Writ Petition…

Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 and 141 — Dishonour of Cheque — Complaint against Chairman/Trustee of a Trust without impleading the Trust as an accused — Maintainability — Held, a complaint under Section 138 of the NI Act is maintainable against a Trustee who has signed the cheque on behalf of the Trust, even if the Trust itself is not made an accused — The Trust does not possess independent legal status to sue or be sued.

Oct 11, 2025 sclaw

2025 INSC 1210 SUPREME COURT OF INDIA DIVISION BENCH SANKAR PADAM THAPA Vs. VIJAYKUMAR DINESHCHANDRA AGARWAL ( Before : Ahsanuddin Amanullah and Prashant Kumar Mishra, JJ. ) Criminal Appeal No…..of…

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Constitution

Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy.

Jul 2, 2026 sclaw

I B C

Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.

Jul 2, 2026 sclaw

Accident

Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.

Jun 26, 2026 sclaw

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.

Jun 26, 2026 sclaw

Month: October 2025

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