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

M.P. Excise Act, 1915 – The case involves the applicability of a rule for imposing penalties related to the liquor license period of 2009-10 and whether the old or substituted rule should apply – The main issue is whether the penalty should be based on the rule in place during the violation (2009-10) or the substituted rule from 2011, which reduced the penalty – The appellant argues for the application of the substituted rule, which imposes a lower penalty, as the old rule was repealed – The State contends that the old rule should apply to transactions from 2009-10, despite the substitution – The Supreme Court accepted the appellant’s contention, applying the substituted rule to pending proceedings – The Court reasoned that the purpose of the amendment was to balance the offence and penalty, and not applying the substituted rule would not serve public interest – The Court distinguished between the effects of repeal and substitution of rules, emphasizing that the substituted rule should apply from the date of substitution – The appeals were allowed, setting aside the High Court’s judgment, and the penalty was determined based on the substituted rule from 2011.

Apr 27, 2024 sclaw

2024 INSC 327 SUPREME COURT OF INDIA DIVISION BENCH PERNOD RICARD INDIA (P) LTD. — Appellant Vs. THE STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Pamidighantam…

State Laws

Gujarat Prohibition Act, 1949 Sections 65(a)(e),81,98(2) and 116(2) and Penal Code, 1860 (IPC) – Sections 465, 468, 471 and 114 – Court reasoned that the appellant should have approached the criminal court under Section 451 Cr.P.C instead of directly filing a Special Criminal Application under Article 226/227 of the Constitution – The Court applied the doctrine of harmonious construction to interpret Section 98 of the Gujarat Prohibition Act in conjunction with the Cr.P.C – The appeal was dismissed, with the Court stating that the appellant is free to approach the concerned court regarding the custody of the vehicle.

Apr 13, 2024 sclaw

2024 INSC 285 SUPREME COURT OF INDIA DIVISION BENCH KHENGARBHAI LAKHABHAI DAMBHALA — Appellant Vs. THE STATE OF GUJARAT — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal,…

Stamp Act State Laws

Bombay Stamp Act, 1958 – Section 9 – Refund of stamp duty paid for an increase in share capital – The Supreme Court examined whether Form No. 5 is an “instrument” under the Stamp Act and if the notice of increased share capital materially alters the Articles of Association, requiring fresh stamp duty – The Court upheld the High Court’s decision, stating that the Articles of Association are the only instruments liable for stamp duty and that the maximum cap applies as a one-time measure – The appellants were directed to refund the stamp duty with interest.

Apr 7, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MAHARASHTRA AND ANOTHER — Appellant Vs. NATIONAL ORGANIC CHEMICAL INDUSTRIES LTD. — Respondent ( Before : Sudhanshu Dhulia and Prasanna B. Varale,…

State Laws

Maharashtra Hereditary Offices Act, 1874 Sections 5, 11, 11A and 77- Maharashtra Tenancy and Agricultural Lands Act, 1948 – Section 32 – Maharashtra Revenue Patels (Abolition of Offices) Act, 1962 – The Tenancy Act’s provisions were still applicable to the subject lands, and the legal heirs of the original Watandar could not have taken lawful possession of the lands – The revisionary order dated 03.05.1982 was invalid, and the Bombay High Court justified it – The tenancy was lawfully subsisting on 01.04.1957, and tenants were entitled to exercise their right of statutory purchase under Section 32 of the Tenancy Act – This right became operational on 27.11.1964, when the Watan lands were regranted to the original Watandar’s heirs.

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BABAN BALAJI MORE (DEAD) BY LRS. AND OTHERS — Appellant Vs. BABAJI HARI SHELAR (DEAD) BY LRS. AND OTHERS — Respondent ( Before :…

State Laws

Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 – Section 2(v), 3 and 4 – Whether “ghee” is a “product of livestock” under the Act and if the government notification regarding “ghee” followed proper procedure – The court upheld that “ghee” is indeed a “product of livestock” and the 1994 government notification was valid – The court ruled that market fees must be paid for “ghee” from 1994 to 2009, with provisions for installment payments.

Mar 9, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SANGAM MILK PRODUCER COMPANY LTD. — Appellant Vs. THE AGRICULTURAL MARKET COMMITTEE AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and S.V.N. Bhatti,…

State Laws

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 – Private agreements cannot be enforced in Slum Rehabilitation Schemes as against the statutory mandate of Slum Rehabilitation Authority (SRA) – Slum society or private Developer cannot dictate terms to the Slum Rehabilitation Authority (SRA) and it must act in terms of its own policies and circulars – Slum Rehabilitation Authority (SRA) has to act in terms of its own policies and circulars without allowing private or contractual interests to prevail over public policy especially a policy which is welfare based.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAYUNKTA SANGARSH SAMITI AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Aniruddha Bose and Sudhanshu Dhulia,…

State Laws

West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994 – Section 8A – Cancellation of caste certificate – Jurisdiction of State Scrutiny Committee – HELD the fact remains that it being a procedural law and the matter being still pending before the Committee to be decided on merits after it had opined that the Committee had jurisdiction to deal with even the cases of caste certificate, it could very well be examined by the Committee at this stage – In the view of that matter, it should have been sent back to the Committee only

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S DARVELL INVESTMENT AND LEASING (INDIA) PVT. LTD. AND OTHERS — Appellant Vs. THE STATE OF WEST BENGAL AND OTHERS — Respondent ( Before…

State Laws

Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 – Sections 2(4) and 31(2) – Eviction – having purchased the land in the year 2007 after parting with valuable consideration, the appellant cannot be condemned without providing him a full opportunity to put forth his case with supporting evidence – Accordingly, This Court allow this appeal and set aside the orders passed by the Gujarat High Court as well as the orders passed by the authorities and remand the matter for consideration afresh on facts and law.

Dec 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KANAIYALAL MAFATLAL PATEL — Appellant Vs. THE STATE OF GUJARAT AND OTHERS — Respondent ( Before : C.T. Ravi Kumar and Sanjay Kumar, JJ.…

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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