Supreme Court of India Judgements

46930 Judgements hosted as on 23/11/2025 - Search (FREE), Subscribe, Read & Download

Month: November 2025

Arbitration

Arbitration and Conciliation Act, 1996 — Section 37 read with Section 34 — Scope of Interference — Concurrent Findings — Statutory prohibition against re-appreciation of evidence — Challenges to arbitral award upholding 24% interest rate based on loan agreement terms dismissed by Single Judge and Division Bench; Supreme Court upholds affirmation — Re-appreciation of evidence on genuineness of loan agreements or terms, including interest rate, is prohibited under Section 34(2A) proviso, particularly when Arbitrator’s findings are concurrently upheld.

Nov 22, 2025 sclaw

2025 INSC 1327 SUPREME COURT OF INDIA DIVISION BENCH SRI LAKSHMI HOTEL PVT. LIMITED AND ANOTHER Vs. SRIRAM CITY UNION FINANCE LTD. AND ANOTHER ( Before : J.B. Pardiwala and…

Environment

Environmental Law — Environmental Clearance (EC) — Ex Post Facto Clearance — Environment (Protection) Act, 1986, Section 3 — While EC should ordinarily be prior, the EP Act does not entirely prohibit ex post facto EC — Grant of ex post facto clearance is permissible in exceptional circumstances, in strict compliance with rules, upon imposition of heavy penalties, where denial of approval would result in adverse consequences outweighing regularisation, and where project complies with or can be made to comply with environmental norms — Adopting a ‘balanced approach’ is necessary to protect economy and livelihood.

Nov 22, 2025 sclaw

2025 INSC 1326 SUPREME COURT OF INDIA FULL BENCH CONFEDERATION OF REAL ESTATE DEVELOPERS OF INDIA (CREDAI) Vs. VANASHAKTI AND ANOTHER ( Before : B.R. Gavai, CJI, Ujjal Bhuyan and…

Environment

National Green Tribunal Act, 2010 — Section 16(h) — Limitation period for appeal against Environmental Clearance (EC) — Communication of EC to “any person aggrieved” — The date of commencement of the 30-day limitation period (extendable by 60 days) starts from the earliest date on which the order granting EC is “communicated” to the aggrieved person by any of the duty bearers (MoEF&CC, project proponent, or Pollution Control Boards).

Nov 22, 2025 sclaw

2025 INSC 1331 SUPREME COURT OF INDIA DIVISION BENCH TALLI GRAM PANCHAYAT Vs. UNION OF INDIA AND OTHERS ( Before : Pamidighantam Sri Narasimha and Atul S. Chandurkar, JJ. )…

Constitution Service

Constitution of India, 1950 — Articles 233, 235, 309, 32, 141, 142 — Higher Judicial Services (HJS) — Determination of Seniority — Source of Recruitment — Recruitment to HJS is through Regular Promotees (RP), Limited Departmental Competitive Examinations (LDCE), and Direct Recruits (DR) — Supreme Court has jurisdiction under Article 142 and other provisions to lay down uniform guidelines for judicial services across the country, independent of High Courts’ control under Article 235, to ensure a unified and robust judiciary — Overarching guidelines framed do not foreclose powers of High Courts but establish a homogenous framework for superintendence over judicial services.

Nov 22, 2025 sclaw

2025 INSC 1328 SUPREME COURT OF INDIA FULL BENCH ALL INDIA JUDGES ASSOCIATION AND OTHERS Vs. UNION OF INDIA AND OTHERS ( Before : B.R. Gavai, CJI, Surya Kant, Vikram…

C P C Registration Act Specific Relief Act Transfer Of Property Act

Registration Act, 1908 — Section 17(1)(e) — Compulsory registration of non-testamentary instruments — Assignment of a decree for specific performance of an agreement of sale of immovable property — Whether such assignment deed requires compulsory registration — HELD NO – A decree for specific performance of a contract for sale of immovable property does not, of itself, create any right, title, or interest in or charge on the immovable property (Section 54, Transfer of Property Act, 1882)

Nov 22, 2025 sclaw

2025 INSC 1329 SUPREME COURT OF INDIA DIVISION BENCH RAJESWARI AND OTHERS Vs. SHANMUGAM AND ANOTHER ( Before : J.B. Pardiwala and K. V. Viswanathan, JJ. ) Civil Appeal No.…

Constitution

Constitution of India, 1950 — Articles 14, 32, 136, 141, 142, 226, 227, 323-A, 323-B, 368 — Separation of powers — Judicial Independence — Constitutional Supremacy — Judicial Review — Tribunals Reforms Act, 2021 (Impugned Act) — Challenge to vires — The Impugned Act, which reproduces provisions previously struck down in Madras Bar Association v. Union of India (MBA) cases, is unconstitutional as it constitutes an impermissible legislative override of binding judicial pronouncements and violates the doctrine of constitutional supremacy, separation of powers, and judicial independence; the repetition of invalidated provisions without removing the underlying constitutional defects is impermissible; the principles of separation of powers and judicial independence are structural pillars of the Constitution and justiciable, not merely abstract ideas, especially concerning adjudicatory bodies.

Nov 22, 2025 sclaw

2025 INSC 1330 SUPREME COURT OF INDIA DIVISION BENCH MADRAS BAR ASSOCIATION Vs. UNION OF INDIA AND ANOTHER ( Before : B.R. Gavai, CJI and K. Vinod Chandran, J. )…

Arbitration C P C

Arbitration and Conciliation Act, 1996 — Execution of Arbitral Award — Letters Patent Appeal (LPA) — Maintainability — Code of Civil Procedure (CPC), 1908 — Order 21 Rule 22 — Execution proceedings against legal representatives — The Act is a self-contained code restricting judicial interference — An order passed by a Single Judge in the course of executing an arbitral award is traceable to the Act, not the CPC; therefore, a Letters Patent Appeal against such an order is not maintainable — Where execution is sought against entities/persons arrayed as executors/legal representatives of the deceased judgment debtor, they step into the shoes of the judgment debtor for limited execution purposes and cannot be treated as third parties to the arbitral award for the purpose of challenging maintainability of the appeal under the Act.

Nov 22, 2025 sclaw

2025 INSC 1334 SUPREME COURT OF INDIA DIVISION BENCH BHARAT KANTILAL DALAL (DEAD) THROUGH LR. Vs. CHETAN SURENDRA DALAL AND OTHERS ( Before : Sanjay Kumar and Alok Aradhe, JJ.…

SARFAESI

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Priority of Debts — Section 26E — When two enactments contain non-obstante clauses, the provision incorporated later in time prevails; however, if one enactment creates a statutory ‘first charge’, that charge prevails over the general ‘priority’ conferred by the later non-obstante clause — SARFAESI Act, Section 26E, conferring priority to secured creditors’ debts registered with the Central Registry, does not override the statutory ‘first charge’ created for Provident Fund dues under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.

Nov 22, 2025 sclaw

2025 INSC 1335 SUPREME COURT OF INDIA DIVISION BENCH JALGAON DISTRICT CENTRAL COOP. BANK LTD. Vs. STATE OF MAHARASHTRA AND OTHERS ( Before : B. R. Gavai, CJI. and K.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of criminal proceedings — Arms Act, 1959 — Section 13(2A) — Prosecution of public servant (IAS officer/District Magistrate) for alleged irregularities in issuing arms licenses and criminal conspiracy (Sections 109, 419, 420, 467, 468, 471, 120B IPC and Section 30 Arms Act) — Delay in investigation and sanction — Quashing justified where sanction is non-speaking and investigation is inordinately and unjustifiably delayed.

Nov 22, 2025 sclaw

2025 INSC 1339 SUPREME COURT OF NDIA DIVISION BENCH ROBERT LALCHUNGNUNGA CHONGTHU @ R L CHONGTHU Vs. STATE OF BIHAR ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ.…

Acquittal

Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.

Nov 2, 2025 sclaw

2025 INSC 1269 SUPREME COURT OF INDIA DIVISION BENCH MOHAMED SAMEER KHAN Vs. STATE REPRESENTED BY INSPECTOR OF POLICE ( Before : Dipankar Datta and Augustine George Masih, JJ. )…

You missed

Constitution I B C

Constitution of India, 1950 — Article 32 — Writ Petition (Criminal) — Seeking registration of FIR and investigation into attempt to influence judicial outcome — Relief for criminal investigation based on disclosure in a judicial order of NCLAT, Chennai Bench — Issues raised are of vital public importance but deemed capable of administrative resolution by Chief Justice of India — Writ Petition treated as a representation to bring material information for consideration of Hon’ble Chief Justice of India, allowing law to take its course — Petition disposed of on administrative treatment of investigation request.

Nov 23, 2025 sclaw
C P C

Civil Procedure Code, 1908 — Order XXI Rule 58 — Execution First Appeal — Partition Suit — Preliminary decree for partition — Inter se bidding — Joint owners (siblings) of property in equal shares (1/3rd each) — Property incapable of physical partition — Disposal of property via inter se bidding — Challenge to High Court order disposing of Execution Appeal on ground of offer matching — Where an offer of Rs.6.25 crores was made by the Appellant (Petitioner) and matched by the Respondents (2/3rd owners), the High Court directed Respondents to pay Appellant’s share after adjusting previous deposit — Supreme Court modified the approach, requiring the Petitioner to deposit 2/3rd of the bid (Rs.4.16 Crores) with Registry to demonstrate genuineness, pending further resolution. (Paras 1, 3, 4, 5, 6 of Order dated 25.9.2025;

Nov 23, 2025 sclaw
Evidence Act

Evidence — Video Conference Deposition — Procedure for Confronting Witness — The Supreme Court clarified and directed that in cases where a witness’s statement is recorded via video conferencing and a previous written statement is to be used for confrontation, a copy of the statement must be transmitted electronically to the witness, and the procedure under Sections 147 and 148 of the Bharatiya Sakshya Adhiniyam (or corresponding sections of the Evidence Act) must be followed to ensure fairness and integrity of the trial. Such directions are issued to avoid procedural irregularities and uphold the principles of fair trial, effective cross-examination, and proper appreciation of evidence.

Nov 23, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 [BNSS Section 528] — Quashing of FIR — Abuse of process — Factual matrix for all offences arose from a single transaction — Compromise accepted as genuine for some offences should equally dilute the foundation of other charges based on the same allegations — Continued prosecution for dacoity after settlement for other offences held unjustified and quashed.

Nov 23, 2025 sclaw