Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 174 — Inquiry by Police into cause of unnatural death — Requirement of fair and impartial investigation — Evidence considered — Inconsistencies in CCTV footage, suspicious medical findings, and failure to preserve crucial forensic evidence indicated failures in local investigation.

Jul 27, 2025 sclaw

2025 INSC 893 SUPREME COURT OF INDIA DIVISION BENCH SUKDEB SAHA Vs. THE STATE OF ANDHRA PRADESH AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal…

Cr P C

Criminal Procedure Code, 1973 — Section 156(3) — FIR Registration — Application to Magistrate without approaching Police/SP — While a Magistrate ought not ordinarily entertain an application under Section 156(3) CrPC directly without the informant having availed and exhausted remedies under Section 154(3) CrPC, the Magistrate is competent to direct FIR registration if allegations disclose cognizable offence — Such an order is not without jurisdiction and not vitiated on this count, but it is a procedural irregularity.

Jul 27, 2025 sclaw

2025 INSC 895 SUPREME COURT OF INDIA DIVISION BENCH ANURAG BHATNAGAR AND ANOTHER Vs. STATE (NCT OF DELHI) AND ANOTHER ( Before : Pankaj Mithal and S.V.N. Bhatti, JJ. )…

Cr P C

Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene armed with weapon of offence — High Court applied standard of conviction rather than standard of satisfaction required for summoning — Standard for summoning is more than prima facie case but less than conviction — Summoning order restored.

Jul 20, 2025 sclaw

2025 INSC 860 SUPREME COURT OF INDIA DIVISION BENCH SHIV BARAN Vs. STATE OF U.P. AND ANOTHER ( Before : Sanjay Karol and Joymalya Bagchi, JJ. ) Criminal Appeal No.…

Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUNDAN SINGH Vs. THE SUPERINTENDENT OF CGST AND CENTRAL EXCISE ( Before : K.V. Viswanathan and Nongmeikapam Kotiswar Singh, JJ. ) Petition(s) for Special…

Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH WAZAHAT KHAN Vs. UNION OF INDIA AND OTHERS ( Before : K.V. Viswanathan and Nongmeikapam Kotiswar Singh, JJ. ) Writ Petition (Criminal) No. 247…

Cr P C

Criminal Procedure Code, 1973 — Section 482 — Discretionary power — Exercise of — Quashing of proceedings at advanced stage of trial — Even if trial advanced, where dispute purely commercial, fully settled with no outstanding dues, and no continuing public interest, continuation of criminal proceedings amounts to abuse of process and can be quashed.

May 30, 2025 sclaw

2025 INSC 787 SUPREME COURT OF INDIA DIVISION BENCH N.S. GNANESHWARAN ETC. Vs. THE INSPECTOR OF POLICE AND ANOTHER ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal…

Constitution Cr P C

Fake encounters constitute extra-judicial killings and must undergo strict legal scrutiny — Cannot be treated as justified solely on police self-defence claim — Use of excessive or unlawful force by public servants cannot be condoned or legitimised on any pretext — Derogation from due process erodes democratic society foundation.

May 30, 2025 sclaw

2025 INSC 785 SUPREME COURT OF INDIA DIVISION BENCH ARIF MD. YEASIN JWADDER Vs. STATE OF ASSAM AND OTHERS ( Before : Surya Kant and Nongmeikapam Kotiswar Singh, JJ. )…

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G S T

Goods and Services Tax (GST) — Exemption Notification — Notification No. 9/2017- Integrated Tax (Rate) dated 28.06.2017 — Entry 13 — Exemption on services by way of renting of residential dwelling for use as residence — Renting residential property as hostel to students/working professionals — Conditions for exemption: renting service, residential dwelling, and use as residence — The term “residential dwelling” is not defined under GST laws but refers to any residential accommodation for long-term stay, excluding commercial places, hotels, guesthouses for temporary stay — Property comprising 42 rooms rented out and sub-leased for use as hostel accommodation is considered a “residential dwelling” as its nature and use remain residential, not commercial accommodation like a hotel. (Paras 36, 46, 47, 50)

Dec 14, 2025 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 31(7)(a) and (b) — Power of Arbitral Tribunal to grant interest — Party Autonomy — Pre-award (pendente lite) interest — Section 31(7)(a) mandates that the Arbitral Tribunal’s discretion to award interest on the sum awarded (from date cause of action arose till date of award) is subject to the agreement between the parties (“unless otherwise agreed by the parties”) — When parties specify a contractual rate of interest in the agreement, subject to no legal bar, this stipulation takes precedence over the Arbitrator’s discretion to deem a rate “reasonable” — Arbitral Tribunal is bound by the contractual terms regarding interest once agreed upon, and the borrower cannot later challenge the rate as unconscionable or against public policy, especially in commercial transactions between parties of equal bargaining power — Post-award interest is governed by Section 31(7)(b) (Paras 51, 53, 56, 64, 65, 70).

Dec 14, 2025 sclaw
Additional Accused Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 319 — Summoning of Additional Accused — Nature and Scope of Power — The power under Section 319 CrPC is extraordinary and discretionary, intended to be exercised sparingly, but it is an enabling provision aimed at ensuring that no guilty person escapes the process of law — The prerequisite for its exercise is that it must appear from the evidence adduced during inquiry or trial that a person not already arraigned as an accused has committed an offence — The object is to ensure a fair and complete trial and give effect to the maxim ‘judex damnatur cum nocens absolvitur’ (Judge is condemned when guilty is acquitted). (Paras 6, 7)

Dec 14, 2025 sclaw
Accident

Motor Vehicles Act, 1988 — Compensation — Enhancement — Principles — Supreme Court’s power to award ‘just compensation’ exceeding the amount claimed — While enhancing compensation for a 21-year-old Appellant suffering 100% functional disability (due to hemiparesis, disfigurement, and brain injuries) — Supreme Court relied on ‘Nagappa v. Gurudayal Singh’ to award compensation in excess of the amount claimed by using evidence on record to arrive at just and fair compensation. (Paras 11, 12, 14)

Dec 14, 2025 sclaw