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 https://sclaw.in/2026/05/21/86627/ 2026-05-21T08:14:01Z Supreme Court of India Judgements en Criminal Law — Murder and Conspiracy — Appreciation of Evidence — Supreme Court’s Role in Appeals Against Acquittal — The Supreme Court reiterated that its role in an appeal against an acquittal is to examine whether the High Court committed an error in disturbing the Trial Court's findings, especially when two competent courts have reached opposite conclusions on the same evidence — The Court must re-appreciate the evidence to deliver a final finding. 2026-05-21T08:13:19Z Blog https://sclaw.in/2026/05/21/uttar-pradesh-higher-education-services-commission-act-1980-s-134-a-waitlisted-candidate-cannot-claim-appointment-to-an-alternative-post-after-failing-to-join-the-initially-recommended-post/ 2026-05-21T07:58:02Z Supreme Court of India Judgements en [Uttar Pradesh Higher Education Services Commission Act, 1980, S. 13(4)] - [A waitlisted candidate cannot claim appointment to an alternative post after failing to join the initially recommended post, particularly after the repeal of the Old Act.] A. Uttar Pradesh Higher Education Services Commission Act, 1980 (Old Act) vs. Uttar Pradesh Education Service Selection Commission Act, 2023 (New Act) — Comparative Analysis — Held, the New Act does not prescribe a power to the Director akin to Section 13(4) of the Old Act — After the commencement of the New Act, the validity of the list/panel under the Old Act lapses, and authorities are bound to follow the procedure under Sections 10 and 11 of the New Act. 2026-05-21T07:58:02Z Blog https://sclaw.in/2026/05/21/criminal-procedure-code-1973-crpc-sections-439-and-483-bnss-bail-jurisdiction-power-to-issue-directions-high-court-while-exercising-bail-jurisdiction-canno/ 2026-05-21T07:51:11Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 (CrPC) — Sections 439 and 483 BNSS — Bail Jurisdiction — Power to issue directions — High Court, while exercising bail jurisdiction, cannot issue directions that extend beyond the scope of the bail application and impinge upon the statutory powers of other authorities or create new systems for accountability, as this would amount to an error of jurisdiction. 2026-05-21T07:51:11Z Blog