Supreme Court of India Judgements

47295 Judgements hosted as on 02/08/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Category: State Laws

State Laws

Bombay Tenancy and Agricultural Lands, Act, 1948 – Section 63 – Transfers to non-agriculturists barred – Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 debars an agriculturist from parting with his agricultural land to a non-agriculturist through a “Will”.

Jun 28, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH VINODCHANDRA SAKARLAL KAPADIA — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and A.S. Bopanna,…

State Laws

Stamp Act, 1899 – Section 47A – Suo motu – Power of – There is nothing in the scheme of the Act which purports to restrict the exercise of suo motu power under Section 47-A, and confines it to cases where knowledge of any illegality or infirmity in the proceedings undertaken by the subordinate officers must be gathered from sources other than through a pending appeal

Jun 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH THE INSPECTOR GENERAL OF REGISTRATION, TAMIL NADU AND OTHERS. — Appellant K. BASKARAN — Respondent ( Before : Uday Umesh Lalit and Indu…

State Laws

Orissa Sales Tax Act, 1947 – Sections 5 and 5(2)(AA) – General Conditions of Contract – Clause 45.2 – Reimbursement of sales tax – Contractor company is rightfully entitled to claim reimbursement of the amount of sales tax levied on the taxable turnover of the works contracts executed by it.

Jun 7, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH STATE OF ORISSA — Appellant Vs. B. ENGINEERS & BUILDERS LTD. & ORS. — Respondent ( Before : A.M.Khanwilkar, Indira Banerjee and Dinesh…

State Laws

Karnataka Industrial Areas Development Act, 1966 – Section 28(4) – Karnataka Town and Country Planning Act, 1961 – Sections 4A(1), 15, 15(2) and 15(4) – Permission for development of building or land – Appellants had permitted the Project Proponents to construct housing complex at a location outside the demarcated area for five Townships HELD Project Proponents are also obliged to ensure compliance of ODP/Master Plan and if so complied, the Planning Authority cannot create any impediment – If the State accords approval to the deviation in terms of the FWA itself, the Project Proponents may be competent to carry on such a work – To put it differently, prior approval of the State for deviation from the stipulations and specifications in the FWA is the quintessence. Appeal allowed. d/19.05.2020

May 19, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY AND ANOTHER — Appellant Vs. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED AND OTHERS — Respondent ( Before…

State Laws

West Bengal Government Premises (Tenancy Regulation) Act, 1976 – Section 2(a) and 2(c) – Eviction proceedings – HELD Lease was in respect of three plots of land which did not contain any building and these plots of land do not satisfy the requirements of definition of “Government premises” within the meaning of Section 2(a) read with Section 2(c) of the Act. – Eviction proceedings initiated by the Corporation against respondent No.1 under the Act was without jurisdiction.

Mar 22, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD. &ORS. — Appellant Vs. M/S. SONA PROMOTERS PVT. LTD. &ORS. — Respondent ( Before : S.…

State Laws

Goa, Daman and Diu Land Revenue Code, 1968 – Section 14 – Grant of Lease – Counter-claim – High Court reiterated that it is the State which is the proprietor of all minerals beneath the land – There can be no dispute to the above proposition – HELD Additional evidence brought on record by the State before this Court which has been accepted on record fully support the counter-claim of the defendant – Counter-claim of the defendant-appellant deserves to be allowed and the judgment of courts below is to be modified – Appeal allowed

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF GOA — Appellant Vs. NARAYAN V. GAONKAR AND OTHERS — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. ) Civil…

State Laws

HELD It appears to us that the absence of a comma is a mistake and in fact according to us, a comma should be read after ‘shamilat’ and before ‘taraf’ in the latter part of the section also – Word ‘shamilat’ has to be read with all four­ ‘taraf’, ‘patti’, ‘panna’ and ‘thola’ – A land can be ‘shamilat deh’ only if it is ‘shamilat taraf’, ‘shamilat patti’, ‘shamilat panna’, or ‘shamilat thola’. In case the word shamilat is missing from any of these four terms, then the land cannot be said to be belonging to a group of people and could never become ‘shamilat deh’ land HELD This Court allow the appeal and set aside the judgment of the High Court dated 03.07.2008 and the orders of all the authorities below – Name of the appellant be entered in the column of ownership with the entry ‘shamlat patti’.

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PATRAM — Appellant Vs. GRAM PANCHAYAT KATWAR AND OTHERS — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ. ) Civil Appeal…

State Laws

Chhattisgarh Co-Operative Societies Act I960 – (i) Clauses (a) and (b) of Section 54(3), as special provisions for the appointment of the CEO of Cooperative Banks confer upon them the power to appoint their CEO (ii) However, where a Cooperative Bank is a Central Society within the ambit of Section 49-E(2), the CEO shall be appointed from among the officers of the cadre constituted and maintained under Section 54, where such cadre has been constituted. (iii) Where no cadre has been constituted under Section 54, the CEO of a Cooperative Bank which is a Central Society under Section 49-E(2) shall be appointed with the prior approval of the Registrar as stipulated in Section 49-E(2)(b)(ii).

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANAGING DIRECTOR CHHATTISGARH STATE CO-OPERATIVE BANK MARYADIT — Appellant Vs. ZILA SAHKARI KENDRIYA BANK MARYADIT AND OTHERS — Respondent ( Before : Dr. Dhananjaya…

State Laws

Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 – Sections 31 and 32 – Change of land use from commercial to residential – Ujjain Municipal Corporation was not made a party and had no opportunity to represent their stand on the change in the layout plan – HELD It proper to direct the appellant-board and the authorities to ensure that the areas/land earmarked for the primary school and park/garden are not converted into residential plots – Appeal allowed

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD AND ANOTHER — Appellant Vs. VIJAY BODANA AND OTHERS — Respondent ( Before : Sharad A. Bobde,…

State Laws

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 – Sections 161 and 157-B – Transfer of lands by persons belonging to Scheduled Tribe – HELD there is clear bar under Section 157-B of the Act for transfer of land by a Scheduled Tribe even by way of exchange as the word “or otherwise” indicates. When there is a clear statutory provision barring the transfer, it was not open to the High Court to substitute its view in the place of that provision.

Mar 3, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH ADDITIONAL COMMISSIONER REVENUE AND OTHERS — Appellant Vs. AKHALAQ HUSSAIN AND ANOTHER — Respondent ( Before : R. Banumathi, S. Abdul Nazeer and A.S.…

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Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.

Aug 2, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.

Aug 2, 2026 sclaw