https://sclaw.in/2026/04/07/criminal-procedure-code-1973-crpc-section-374-appeal-against-dismissal-of-criminal-appeal-by-high-court-conviction-under-section-302-ipc-and-section-27-arms-act/ 2026-04-07T14:32:42Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 (CrPC) — Section 374 — Appeal against dismissal of criminal appeal by High Court — Conviction under Section 302 IPC and Section 27 Arms Act — Prosecution case based entirely on circumstantial evidence — No eyewitnesses — Reliability of prosecution witnesses critically examined — Admission by key witness regarding darkness and identification by voice only, materially undermining credibility — Evidence found insufficient to meet standard of proof in criminal law and exclude reasonable hypotheses of innocence — Conviction set aside and appellant acquitted. 2026-04-07T14:32:42Z Blog https://sclaw.in/2026/04/07/penal-code-1860-ipc-section-294b-conviction-for-uttering-obscene-words-held-mere-use-of-the-word-bastard-is-not-sufficient-to-constitute-obscenity-especially-i/ 2026-04-07T14:29:55Z Supreme Court of India Judgements en Penal Code, 1860 (IPC) — Section 294(b) — Conviction for uttering obscene words — Held, mere use of the word "bastard" is not sufficient to constitute obscenity, especially in heated conversations during the modern era — Conviction under Section 294(b) IPC is not sustainable and is liable to be set aside. 2026-04-07T14:29:55Z Blog https://sclaw.in/2026/04/07/criminal-procedure-code-1973-crpc-section-482-quashing-of-criminal-proceedings-medical-negligence-consent-for-surgery-allegation-of-interpolation-i/ 2026-04-07T14:26:47Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Medical negligence — Consent for surgery — Allegation of interpolation in consent form for Orchidectomy — Medical Board's opinion that Orchidectomy was an appropriate procedure in cases of undescended testicle and that consent should have been obtained — No evidence of interpolation in consent form (different ink or handwriting) — Consent form indicated both Orchidopexy and Orchidectomy as options. Held, continuance of criminal proceedings would be an abuse of process of court and liable to be quashed. Appeals allowed, impugned High Court judgment set aside, and proceedings quashed 2026-04-07T14:26:47Z Blog https://sclaw.in/2026/04/07/extraordinary-jurisdiction-of-supreme-court-article-136-equitable-relief-not-granted-to-litigants-whose-conduct-is-callous-lackadaisical-and-in-clear-violation-of-applicable-ru/ 2026-04-07T14:23:17Z Supreme Court of India Judgements en Extraordinary Jurisdiction of Supreme Court (Article 136) — Equitable relief — Not granted to litigants whose conduct is callous, lackadaisical, and in clear violation of applicable rules and regulations — Commercial decisions of State Government not substituted by court. 2026-04-07T14:23:17Z Blog https://sclaw.in/2026/04/07/constitution-of-india-1950-article-14-public-power-allocation-of-public-resources-award-of-public-contracts-execution-of-public-works-state-bound-to-act-transparently/ 2026-04-07T14:20:36Z Supreme Court of India Judgements en Constitution of India, 1950 — Article 14 — Public power, allocation of public resources, award of public contracts, execution of public works — State bound to act transparently, fairly, and consistently with equality — Process must withstand objective scrutiny and be free from arbitrariness, favouritism, or undisclosed conflicts of interest — Public confidence in governance requires equality, integrity, and accountability. 2026-04-07T14:20:36Z Blog https://sclaw.in/2026/04/07/criminal-procedure-code-1973-crpc-section-482-quashing-of-criminal-proceedings-four-step-test-for-assessing-prayer-for-quashing-the-supreme-court-in-pradeep/ 2026-04-07T14:07:36Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Four-step test for assessing prayer for quashing — The Supreme Court, in Pradeep Kumar Kesarwani v. State of Uttar Pradesh, outlined a four-step test: (i) Is the material relied upon by the accused of sterling quality? (ii) Does it rule out the allegations in the complaint? (iii) Has it not been refuted by the prosecution/complainant? (iv) Would proceeding with the trial be an abuse of process and not serve the ends of justice? If all answers are affirmative, High Court should quash proceedings. 2026-04-07T14:07:36Z Blog https://sclaw.in/2026/04/06/central-civil-services-revised-pay-rules-2008-seventh-central-pay-commission-recommendations-non-functional-upgradation-nfu-to-level-9-recommendation-7-4-13-iv-b/ 2026-04-06T14:28:58Z Supreme Court of India Judgements en Central Civil Services (Revised Pay) Rules, 2008; Seventh Central Pay Commission Recommendations — Non-Functional Upgradation (NFU) to Level 9 — Recommendation 7.4.13 (iv) (b) — Eligibility criteria — Completion of four years in Level 8 on seniority-cum-suitability basis — Interpretation of — Held, denial of NFU on the ground that Junior Engineers did not enter service at Grade Pay of Rs — 4,800/- amounts to adding an additional condition not contemplated by the recommendation. 2026-04-06T14:28:58Z Blog https://sclaw.in/2026/04/06/foreign-exchange-management-act-1999-fema-section-37a-seizure-of-assets-adjudication-proceedings-are-independent-of-seizure-proceedings-the-order-of-the-comp/ 2026-04-06T14:26:10Z Supreme Court of India Judgements en Foreign Exchange Management Act, 1999 (FEMA) — Section 37A — Seizure of assets — Adjudication proceedings are independent of seizure proceedings — The order of the Competent Authority confirming seizure of equivalent assets continues until the disposal of adjudication proceedings — The Adjudicating Authority then passes appropriate directions regarding further action on the seizure — However, this does not apply to a situation where seizure has not been confirmed. 2026-04-06T14:26:10Z Blog https://sclaw.in/2026/04/06/arbitration-and-conciliation-act-1996-section-11-appointment-of-arbitrator-scope-of-jurisdiction-under-section-11-is-confined-to-existence-of-an-arbitration-agreement/ 2026-04-06T14:22:50Z Supreme Court of India Judgements en Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of jurisdiction under Section 11 is confined to existence of an arbitration agreement — Issue of res judicata not considered at Section 11 stage — Principles of Order 23 Rule 1 of CPC apply to proceedings under Section 11 — A fresh application under Section 11 is not maintainable if the earlier application was withdrawn without liberty to file a fresh one. 2026-04-06T14:22:50Z Blog https://sclaw.in/2026/04/05/criminal-procedure-code-1973-crpc-section-1971-requirement-of-sanction-for-prosecution-of-public-servants-protection-under-section-1971-applies-only-to-public-serv/ 2026-04-05T15:04:23Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty. 2026-04-05T15:04:23Z Blog https://sclaw.in/2026/04/05/service-law-dismissal-from-service-disciplinary-proceedings-violation-of-natural-justice-requirement-of-oral-enquiry-employers-burden-of-proof/ 2026-04-05T15:02:41Z Supreme Court of India Judgements en Service Law — Dismissal from Service — Disciplinary Proceedings — Violation of Natural Justice — Requirement of Oral Enquiry — Employer's Burden of Proof — The Apex Court held that unless the charged employee clearly admits guilt, a disciplinary enquiry must be held — The employer must first present evidence and witnesses, allowing the employee to cross-examine — Only then should the employee be given an opportunity to present their defense — The Court emphasized that relying solely on documents without examining witnesses or making them available for cross-examination when charges are denied, vitiates the enquiry. 2026-04-05T15:02:41Z Blog https://sclaw.in/2026/04/05/civil-procedure-code-1908-cpc-order-9-rule-13-setting-aside-an-ex-parte-decree-a-minor-who-was-not-properly-represented-in-succession-proceedings-despite-being-a-lega/ 2026-04-05T14:58:07Z Supreme Court of India Judgements en Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — Setting aside an ex parte decree — A minor who was not properly represented in succession proceedings, despite being a legal heir and known to respondents, can file an application under Order 9 Rule 13 CPC after attaining majority to challenge the ex parte proceedings. 2026-04-05T14:58:07Z Blog