https://sclaw.in/2026/05/24/constitution-of-india-1950-article-32-criminal-procedure-code-1973-crpc-sections-154-173-clubbing-transfer-of-firs-multiple-firs-registered-again/ 2026-05-24T08:46:12Z Supreme Court of India Judgements en Constitution of India, 1950 — Article 32 — Criminal Procedure Code, 1973 (CrPC) — Sections 154, 173 — Clubbing/Transfer of FIRs — Multiple FIRs registered against petitioners in different jurisdictions arising from same set of transactions relating to a real estate project — Held, multiplicity of FIRs and parallel investigations on same facts leads to avoidable multiplicity of proceedings, conflicting findings and serious prejudice to the accused — Principle laid down in T.T — Antony v — State of Kerala, (2001) 6 SCC 181, that there cannot be multiple FIRs for the same occurrence or transaction, squarely applies — FIR No. 30/2019 (EOW, Delhi) directed to be transferred and clubbed with FIR No. 439/2024 (Gurugram, Haryana) for investigation — Blanket direction restraining coercive steps in future FIRs declined, but petitioners permitted to avail remedies in law if future FIRs are based on the same transaction. 2026-05-24T08:46:12Z Blog https://sclaw.in/2026/05/24/criminal-procedure-code-1973-crpc-section-482-abuse-of-process-of-court-discharge-of-accused-vague-allegations-where-allegations-in-fir-and-charge/ 2026-05-24T08:43:10Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 (CrPC) — Section 482 — Abuse of Process of Court — Discharge of Accused — Vague Allegations — Where allegations in FIR and charge sheet are general and do not specify the role of the accused, continuation of criminal proceedings amounts to abuse of process of court and may cause prejudice. 2026-05-24T08:43:10Z Blog https://sclaw.in/2026/05/24/civil-procedure-code-1908-cpc-section-22-order-20-rule-18-preliminary-vs-final-decree-a-preliminary-decree-declares-rights-and-liabilities-leaving-actual-results/ 2026-05-24T08:40:32Z Supreme Court of India Judgements en Civil Procedure Code, 1908 (CPC) — Section 2(2), Order 20 Rule 18 — Preliminary vs. Final Decree — A Preliminary Decree declares rights and liabilities, leaving actual results to be worked out in further proceedings — A Final Decree is passed after further inquiries, completely disposing of the suit — A Preliminary Decree cannot be executed directly unless it is partly final — Provisions of Order 20 Rule 18 allow a court to pass a Preliminary Decree declaring rights and giving further directions if partition cannot be conveniently made without further inquiry in suits for partition of immovable property — The Supreme Court noted that the High Court erred by focusing on the nomenclature of the decree rather than its executable portions, especially when the property was not divisible by metes and bounds. 2026-05-24T08:40:32Z Blog https://sclaw.in/2026/05/24/unlawful-activities-prevention-act-1967-section-43-d5-bail-constitutional-courts-power-to-grant-bail-the-supreme-court-reiterated-that-statutory-r/ 2026-05-24T08:35:52Z Supreme Court of India Judgements en Unlawful Activities (Prevention) Act, 1967 — Section 43-D(5) — Bail — Constitutional Courts’ power to grant bail — The Supreme Court reiterated that statutory restrictions on bail under the UAP Act do not oust the power of constitutional courts to grant bail on grounds of violation of fundamental rights, particularly the right to a speedy trial under Article 21 of the Constitution — The Court emphasized that the rigors of Section 43-D(5) can "melt down" when there is no likelihood of trial completion within a reasonable time and the period of incarceration is substantial. 2026-05-24T08:35:52Z Blog https://sclaw.in/2026/05/24/penal-code-1860-ipc-section-304-a-causing-death-by-negligence-motor-vehicles-act-1988-section-134b-and-section-187-duty-of-driver-in-case-of-acc/ 2026-05-24T08:30:57Z Supreme Court of India Judgements en Penal Code, 1860 (IPC) — Section 304-A — Causing death by negligence — Motor Vehicles Act, 1988 — Section 134(b) and Section 187 — Duty of driver in case of accident and injury to a person and Punishment for offences relating to accident — Appeal against conviction and sentence — Driver convicted under Section 304-A IPC and Sections 134(b) and 187 MVA — High Court partly allowed revision, setting aside conviction for Section 279 IPC but maintaining conviction for Section 304-A IPC. 2026-05-24T08:30:57Z Blog https://sclaw.in/2026/05/24/penal-code-1860-ipc-section-307-attempt-to-murder-essential-ingredients-are-intention-knowledge-to-commit-murder-and-an-overt-act-in-pursuance-of-that-intention-knowle/ 2026-05-24T08:26:29Z Supreme Court of India Judgements en Penal Code, 1860 (IPC) — Section 307 — Attempt to Murder — Essential ingredients are intention/knowledge to commit murder and an overt act in pursuance of that intention/knowledge. The nature of the injury is a relevant consideration, but not determinative; intention can be inferred from circumstances like weapons used, motive, etc. 2026-05-24T08:26:29Z Blog https://sclaw.in/2026/05/24/penal-code-1860-ipc-sections-506-part-ii-and-503-criminal-intimidation-imputing-unchastity-threat-to-upload-a-video-of-a-woman-bathing-on-social-media-amount/ 2026-05-24T08:21:57Z Supreme Court of India Judgements en Penal Code, 1860 (IPC) — Sections 506 Part II and 503 — Criminal Intimidation — Imputing unchastity — Threat to upload a video of a woman bathing on social media amounts to threatening to impute unchastity, violating her privacy, dignity, and sexual autonomy 2026-05-24T08:21:57Z Blog https://sclaw.in/2026/05/24/criminal-procedure-code-1973-crpc-sections-82-439-arms-act-1959-sections-3-25-27-penal-code-1860-ipc-sections-147-148-149-323-324-452/ 2026-05-24T08:18:54Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 (CrPC) — Sections 82, 439 — Arms Act, 1959 — Sections 3, 25, 27 — Penal Code, 1860 (IPC) — Sections 147, 148, 149, 323, 324, 452, 504, 506, 307 — Bail — Cancellation of — Supreme Court's previous order directing surrender — Accused failing to surrender and absconding — Initiation of proceedings under Section 82 CrPC — Subsequent surrender after considerable delay — High Court granting bail overlooking previous order and material on record — Held, High Court order suffers from manifest error of law and is set aside. 2026-05-24T08:18:54Z Blog https://sclaw.in/2026/05/24/bail-grant-of-high-courts-order-reversed-high-court-granted-bail-without-considering-material-facts-and-circumstances-particularly-the-fir-post-mortem-report-recover/ 2026-05-24T08:15:48Z Supreme Court of India Judgements en Bail — Grant of — High Court's order reversed — High Court granted bail without considering material facts and circumstances, particularly the FIR, post-mortem report, recovery of weapon, and witness statements, relying solely on absence of allegations in inquest proceedings. 2026-05-24T08:15:48Z Blog https://sclaw.in/2026/05/24/criminal-law-murder-trial-circumstantial-evidence-admissibility-and-reliability-of-evidence-court-emphasized-the-need-for-each-piece-of-circumstantial-evidence/ 2026-05-24T08:12:39Z Supreme Court of India Judgements en Criminal Law — Murder Trial — Circumstantial Evidence — Admissibility and Reliability of Evidence — Court emphasized the need for each piece of circumstantial evidence to be strong and credible to establish guilt beyond reasonable doubt. 2026-05-24T08:12:39Z Blog https://sclaw.in/2026/05/24/civil-procedure-code-1908-cpc-order-41-rule-31-first-appellate-courts-judgment-compliance-with-mandatory-requirements-of-order-41-rule-31-of-the-cpc-is-substantial-r/ 2026-05-24T08:08:33Z Supreme Court of India Judgements en Civil Procedure Code, 1908 (CPC) — Order 41 Rule 31 — First Appellate Court's judgment — Compliance with mandatory requirements of Order 41 Rule 31 of the CPC is substantial rather than technical, and the substance of the judgment and the manner of dealing with the controversy are more significant than the form of points framed. - -Power of Attorney Act, 1882 — General Power of Attorney (GPA) — Misuse of GPA for sale of property — Held, where GPA holder enters into sale deeds and subsequent transfers are within the family, and the original owner fails to prove loan transactions, repayment, or continued possession, the transactions are unlikely to be considered shams or fraudulent. 2026-05-24T08:08:33Z Blog https://sclaw.in/2026/05/23/bharatiya-nagarik-suraksha-sanhita-2023-bnss-section-2231-first-proviso-applicability-of-proceedings-under-prevention-of-money-laundering-act-2002-pmla-filed-befo/ 2026-05-23T06:42:49Z Supreme Court of India Judgements en Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 223(1) first proviso — Applicability of — Proceedings under Prevention of Money Laundering Act, 2002 (PMLA) filed before commencement of BNSS — Cognizance taken after commencement of BNSS — Accused not given opportunity of hearing at cognizance stage — Provision mandates hearing of accused before taking cognizance — Non-compliance is an illegality vitiating cognizance order — High Court judgment set aside. 2026-05-23T06:42:49Z Blog https://sclaw.in/2026/05/23/constitution-of-india-1950-article-142-extraordinary-powers-of-supreme-court-directions-issued-by-supreme-court-cannot-supplant-substantive-law-or-disregard-express-stat/ 2026-05-23T06:39:22Z Supreme Court of India Judgements en Constitution of India, 1950 — Article 142 — Extraordinary powers of Supreme Court — Directions issued by Supreme Court cannot supplant substantive law or disregard express statutory provisions unless necessary for complete justice, considering public policy and balancing equities. [Paras 50-54] - Stray Dog Management — Public Safety vs. Animal Welfare — Supreme Court must strike a balance between public safety under Article 21 and humane treatment of stray animals, prioritising human life and safety 2026-05-23T06:39:22Z Blog https://sclaw.in/2026/05/23/unlawful-activities-prevention-act-1967-offences-under-sections-10ai-10aiv-and-381-indian-penal-code-1860-section-120b-poisons-act-1919/ 2026-05-23T06:34:02Z Supreme Court of India Judgements en Unlawful Activities (Prevention) Act, 1967 — Offences under Sections 10(a)(i), 10(a)(iv), and 38(1) — Indian Penal Code, 1860 — Section 120B — Poisons Act, 1919 — Section 6 — Foreigners Act, 1946 — Section 14(c) — Passport Act, 1967 — Section 3 read with Section 12(1)(a) — Conviction for charges including conspiracy to revive banned organization LTTE — Appeal against conviction and sentence — Supreme Court's finding that appellant was falsely implicated due to mistaken identity — Reliance on oral testimony of two key witnesses who introduced crucial alias name "Ranjan" years after the alleged incident and only after appellant's arrest — Inconsistencies and material improvements in their testimonies — Failure of prosecution to establish identity with reliable oral or documentary evidence — Absence of any contemporaneous description, documentary linkage, or independent corroboration connecting appellant to the alleged absconding accused "Sri" — Appellant residing openly and lawfully as a refugee, pursuing visa to Switzerland inconsistent with being an absconding accused — Conviction and sentence set aside — Appeal allowed; appellant acquitted. 2026-05-23T06:34:02Z Blog https://sclaw.in/2026/05/23/maharashtra-regional-and-town-planning-act-1966-mrtp-act-section-1261b-transferable-development-rights-tdr-compensation-for-land-acquisition-reserved-for-public/ 2026-05-23T06:29:05Z Supreme Court of India Judgements en Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) — Section 126(1)(b) — Transferable Development Rights (TDR) — Compensation for land acquisition reserved for public purpose — Landowner entitled to TDR against land surrendered and 'further' TDR for development of amenity on the surrendered land — Corporation’s argument that agreements (LOI, Undertaking, Maintenance Agreement) waived landowner’s right to claim additional amenity TDR rejected — Held, statutory rights cannot be derogated from by executive circulars or agreements. 2026-05-23T06:29:05Z Blog https://sclaw.in/2026/05/23/contract-law-tender-documents-earnest-money-deposit-emd-interpretation-of-tender-clauses-mandatory-vs-optional-conditions-clause-2-13ax/ 2026-05-23T06:25:05Z Supreme Court of India Judgements en Contract Law — Tender Documents — Earnest Money Deposit (EMD) — Interpretation of Tender Clauses — Mandatory vs — Optional Conditions — Clause 2.13(a)(xiii) and Clause 2.13(b) of the tender document specifying the form of EMD for out-of-state bidders used the word "may submit", indicating an optional, not mandatory, requirement. 2026-05-23T06:25:05Z Blog https://sclaw.in/2026/05/23/electricity-act-2003-punjab-state-grid-code-2013-misdeclaration-of-declared-capacity-penalties-section-32-and-regulation-11-3-13-strict-liability/ 2026-05-23T06:22:32Z Supreme Court of India Judgements en Electricity Act, 2003 — Punjab State Grid Code, 2013 — Misdeclaration of Declared Capacity — Penalties — Section 32 and Regulation 11.3.13 — Strict Liability — Failure to demonstrate declared capacity upon request by SLDC leads to penalty, irrespective of mens rea or motive to make money — Appellants' argument that mens rea is required for misdeclaration was considered and found to be incorrect for failure to demonstrate declared capacity — The Supreme Court's reasoning for setting aside the APTEL's order — Appeals allowed. 2026-05-23T06:22:32Z Blog https://sclaw.in/2026/05/23/penal-code-1860-ipc-sections-302-201-read-with-section-34-conviction-for-murder-and-causing-disappearance-of-evidence-circumstantial-evidence-concurrent-fin/ 2026-05-23T06:18:35Z Supreme Court of India Judgements en Penal Code, 1860 (IPC) — Sections 302, 201 read with Section 34 — Conviction for murder and causing disappearance of evidence — Circumstantial evidence — Concurrent findings of fact by trial court and High Court — Supreme Court's power of interference under Article 136 of Constitution of India — Such power to be exercised sparingly and only in furtherance of justice, where there is manifest illegality or grave miscarriage of justice due to misreading or ignoring material evidence — Standard for conviction on circumstantial evidence — Circumstances must be fully established, consistent with hypothesis of guilt, of a conclusive nature, exclude every possible hypothesis except that of guilt, and form a complete chain leaving no reasonable doubt of innocence — Failure to prove motive is not fatal to the prosecution case when facts are clear. 2026-05-23T06:18:35Z Blog https://sclaw.in/2026/05/23/succession-act-1925-section-63-evidence-act-1872-section-68-will-validity-and-execution-requirements-attesting-witnesses/ 2026-05-23T06:16:02Z Supreme Court of India Judgements en Succession Act, 1925 — Section 63 — Evidence Act, 1872 — Section 68 — Will — Validity and execution — Requirements — Attesting witnesses — Proof of execution — Suspicious circumstances — The court must consider if the Will was executed by the testator and if it was his last Will — It is not required to be proved with mathematical accuracy but requires satisfaction of a prudent mind — Section 63 of the Succession Act mandates signing or affixing a mark, attestation by two or more witnesses, with each witness seeing the testator's signature or acknowledgment and signing in the testator's presence — Section 68 of the Indian Evidence Act requires calling at least one attesting witness alive and capable of giving evidence to prove execution — If there are suspicious circumstances, the propounder must remove them — The test of judicial conscience requires considering the testator's awareness of the Will's contents and consequences, his sound state of mind, and that he acted of his own free will. 2026-05-23T06:16:02Z Blog https://sclaw.in/2026/05/23/rajiv-gandhi-national-aviation-university-act-2013-section-46b-appointment-of-first-registrar-appointment-of-the-first-registrar-was-made-by-the-visitor-president-of/ 2026-05-23T06:12:59Z Supreme Court of India Judgements en Rajiv Gandhi National Aviation University Act, 2013 — Section 46(b) — Appointment of First Registrar — Appointment of the first Registrar was made by the Visitor [President of India] on the recommendation of the Vice-Chancellor for a term of three years — The power to appoint necessarily includes the power to dismiss or terminate the services of the appointee — Therefore, the Visitor, who was the appointing authority, was competent to take disciplinary action against the First Registrar. 2026-05-23T06:12:59Z Blog https://sclaw.in/2026/05/23/administrative-law-fairness-and-consistency-in-public-employment-courts-examine-executive-action-for-conformity-with-constitutional-standards-especially-when-the-state-has-long-re/ 2026-05-23T06:09:14Z Supreme Court of India Judgements en Administrative Law — Fairness and Consistency in Public Employment — Courts examine executive action for conformity with constitutional standards, especially when the State has long relied on certain workers — Courts scrutinize the manner of discretion, not just the outcome, to ensure actions are reasoned, non-arbitrary, and constitutional. 2026-05-23T06:09:14Z Blog