Supreme Court of India Judgements

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Category: I P C

I P C

Penal Code, 1860 (IPC) – Sections 304 Part II – Culpable homicide not amounting to murder – Reduction of sentence – Land dispute – Sudden quarrel – No premeditated or preplanned incident – While confirming the conviction for offence under Section 304(ii) of the IPC – Sentence reduced form ten years to two years rigorous imprisonment with fine.

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  GOVINDAN — Appellant Vs. STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ.…

I P C

Robbery, or dacoity, with attempt to cause death or grievous hurt – If the charge of committing the offence is alleged against all the accused and only one among the ‘offenders’ had used the firearm or deadly weapon, only such of the ‘offender’ who has used the firearm or deadly weapon alone would be liable to be charged under Section 397 IPC

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH RAM RATAN — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hima Kohli, JJ. )…

I P C

Penal Code, 1860 (IPC) – Sections 392 and 397 – Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 – Sections 11 and 13 – Robbery, or dacoity, with attempt to cause death or grievous hurt – If the charge of committing the offence is alleged against all the accused and only one among the ‘offenders’ had used the firearm or deadly weapon, only such of the ‘offender’ who has used the firearm or deadly weapon alone would be liable to be charged under Section 397 IPC

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH RAM RATAN — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hima Kohli, JJ. )…

I P C

Penal Code, 1860 (IPC) – Sections 304 Part II – Culpable homicide not amounting to murder – Reduction of sentence – Land dispute – Sudden quarrel – No premeditated or preplanned incident – While confirming the conviction for offence under Section 304(ii) of the IPC – Sentence reduced form ten years to two years rigorous imprisonment with fine.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVINDAN — Appellant Vs. STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ.…

I P C

(IPC) – Sections 363, 366, 376(2)(i), 377, 201, 302 read with Section 376A – Protection of Children from Sexual Offences Act, 2012 – Conduct of the appellant in the prison has been found to be satisfactory – There are no criminal antecedents – It is the first offence committed by the appellant – No doubt, a heinous one – Appellant is not a hardened criminal – It therefore cannot be said that there is no possibility of the appellant being reformed and rehabilitated foreclosing the alternative option of a lesser sentence and making imposition of death sentence imperative – the death penalty imposed on the appellant under Section 302 IPC is commuted to life imprisonment

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH LOCHAN SHRIVAS — Appellant Vs. THE STATE OF CHHATTISGARH — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. )…

I P C

Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 – Section 6(1) – Notice of forfeiture – Section 6(1) of the 1976 Act nowhere provides that it is “mandatory” to serve the convict or detenu with a primary notice under that provision whilst initiating action against the relative of the convict –

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE INCOME TAX OFFICER, CIRCLE I (2), KUMBAKONAM AND ANOTHER — Appellant Vs. V. MOHAN AND ANOTHER — Respondent ( Before : A.M. Khanwilkar…

I P C

(IPC) – Sections 391, 395 and 397 – Robbery, or dacoity, with attempt to cause death or grievous hurt – Mere acquittal of some of the accused on the same evidence by itself does not lead to a conclusion that all deserve to be acquitted in case appropriate reasons have been given on appreciation of evidence both in regard to acquittal and conviction of the accused

Dec 16, 2021 sclaw

(2021) 13 SCALE 284 SUPREME COURT OF INDIA DIVISION BENCH GANESAN AND OTHER — Appellant Vs. STATE REP. BY STATION HOUSE OFFICER AND OTHER — Respondent ( Before : Dr.…

I P C

Penal Code, 1860 (IPC) – Section 302 read with Section 34 – Murder – Common intention – An exhortation given by an accused immediately before a co-accused fired a shot killing the deceased would prove his involvement in the crime beyond reasonable doubt – Conviction of the accused under Sections 302 and 34 of the IPC upheld.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH GULAB — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, A.S. Bopanna and Vikram Nath, JJ. )…

I P C

(IPC) – Ss 201, 302 506-B – Gruesome murder of two of his siblings and one nephew – Conversion of death sentence to life imprisonment for a period of 30 years — It cannot therefore be said that there is no possibility of the appellant being reformed and rehabilitated foreclosing the alternative option of a lesser sentence and making imposition of death sentence imperative – This Court convert the sentence imposed on the appellant from death to life – Death sentence awarded to the appellant is converted to life imprisonment for a period of 30 years:

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH BHAGCHANDRA — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. ) Criminal…

I P C

High Court has acquitted the accused for the offence under the MCOCA at the interim relief stage and has granted the final relief at the interim stage exonerating the respondent from MCOCA, which is wholly impermissible – forum shopping by the accused which is highly deprecated and which cannot be approved. On this ground also, the accused is not entitled to be released on bail and the impugned order passed by the High Court releasing the accused on bail deserves to be quashed and set aside – Appeal allowed.

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MAHARASHTRA — Appellant Vs. PANKAJ JAGSHI GANGAR — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Criminal Appeal…

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Education

Right to Education Act, 2009 — Section 12 — Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 — Rule 8 — Neighbourhood School Obligation — A neighbourhood school has a constitutional and statutory duty to admit students forwarded by the State Government without delay, as mandated by Article 21A of the Constitution and relevant provisions of the RTE Act and UP RTE Rules — The school cannot question the eligibility of a student once the government has completed the admission process and forwarded the list.

Apr 30, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 5(8) — Financial Debt — Corporate Guarantees — A liability arising from corporate guarantee for money borrowed against interest qualifies as financial debt — The execution of corporate guarantees, even if challenged on grounds of timing or non-disclosure, are considered valid and enforceable if their execution is admitted or demonstrably proven, making the appellants entitled to recognition as financial creditors.

Apr 30, 2026 sclaw
Service

Civil Services — Tenure Curtailment — Not Punitive Unless Stigmatic — Curtailment of tenure and reversion to a lower post is not punitive or stigmatic merely because it is premature or based on unsatisfactory performance reports, as long as the order itself does not impute misconduct or stigma beyond unsuitability for the role.

Apr 30, 2026 sclaw
I B C Limitation

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 7 — Application under — Limitation period — Calculation — Default date — Right to file application under Section 7 of IBC accrues on the date of default, which is when the corporate debtor first fails to discharge its repayment obligations — Limitation begins to run from the date of classification of the account as Non — Performing Asset (NPA) — Application filed beyond the prescribed period of limitation, even after considering extensions due to CIRP and Covid — 19 pandemic, is barred by limitation — NCLT and NCLAT orders admitting the application are quashed and set aside.

Apr 30, 2026 sclaw