https://sclaw.in/2026/08/02/environment-law-environmental-clearance-prior-clearance-mandatory-character-prior-environmental-clearance-under-eia-notification-2006-is-mandatory-being-found/ 2026-08-02T14:22:17Z Supreme Court of India Judgements en 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. 2026-08-02T14:22:17Z Blog https://sclaw.in/2026/08/02/bharatiya-nagarik-suraksha-sanhita-2023-section-415-appeal-maintainability-conviction-recorded-for-first-time-by-appellate-court-reversing-acquittal/ 2026-08-02T14:16:41Z Supreme Court of India Judgements en 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) 2026-08-02T14:16:41Z Blog https://sclaw.in/2026/08/02/income-tax-act-1961-section-44b-carriage-of-passengers-meaning-and-scope-of-cruise-operations-by-non-resident-shipping-entity-held-the-word-ca/ 2026-08-02T14:12:20Z Supreme Court of India Judgements en 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. 2026-08-02T14:12:20Z Blog https://sclaw.in/2026/08/02/criminal-procedure-code-1973-crpc-section-482-quashing-of-fir-scope-of-inquiry-mini-trial-impermissible-at-the-stage-of-considering-quashing-of-an/ 2026-08-02T14:08:18Z Supreme Court of India Judgements en 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. 2026-08-02T14:08:18Z Blog https://sclaw.in/2026/08/02/succession-act-1925-sections-33-35-and-38-hindu-christian-succession-applicability-of-s-33-confined-to-property-owned-by-deceased-male-erroneous-application-by-high-c/ 2026-08-02T14:05:41Z Supreme Court of India Judgements en Succession Act, 1925 — Sections 33, 35 and 38 — Hindu/Christian Succession — Applicability of S. 33 confined to property owned by deceased male; erroneous application by High Court set aside — Where property was purchased and registered in the joint names of two wives, the same is owned by them and not by the husband, notwithstanding that he provided the consideration — Section 33, which governs devolution on intestacy of a male's property between his widow and lineal descendants, is not attracted to property never vested in the husband's name — High Court's application of S. 33 to the entirety of the suit property held misconceived. 2026-08-02T14:05:41Z Blog https://sclaw.in/2026/08/02/penal-code-1860-ipc-sections-405-and-406-criminal-breach-of-trust-entrustment-refundable-security-deposit-paid-under-joint-development-agreement-jda/ 2026-08-02T14:00:31Z Supreme Court of India Judgements en Penal Code, 1860 (IPC) — Sections 405 and 406 — Criminal Breach of Trust — Entrustment — Refundable security deposit paid under Joint Development Agreement (JDA) — Held, mere payment of refundable security deposit as consideration for GPA does not amount to "entrustment" of property — FIR and chargesheet silent on manner of misappropriation/conversion — Bald, omnibus allegation of dishonest retention, unsupported by cogent material, insufficient to sustain charge under S. 405 — Mere non-refund of money does not constitute criminal breach of trust. 2026-08-02T14:00:31Z Blog https://sclaw.in/2026/08/02/constitution-of-india-1950-article-226-maintainability-of-writ-petition-disputed-questions-of-fact-effect-of-long-pendency-where-a-writ-petition-seek/ 2026-08-02T13:58:03Z Supreme Court of India Judgements en Constitution of India, 1950 — Article 226 — Maintainability of writ petition — Disputed questions of fact — Effect of long pendency — Where a writ petition seeking compensation had remained pending for over a decade and a half before being dismissed on the ground of "disputed questions of fact," relegating the claimant to a fresh remedy before the Civil Court after such efflux of time would render the claimant remediless — On this short ground alone, interference with the impugned judgment was warranted, particularly where the underlying facts of the incident stood undisputed and unchallenged throughout. 2026-08-02T13:58:03Z Blog https://sclaw.in/2026/08/02/criminal-procedure-code-1973-crpc-section-1254-application-of-principles-to-facts-remand-trial-court-erred-in-holding-that-the-adultery-issue-could-only-be/ 2026-08-02T13:53:47Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 (CrPC) — Section 125(4) — Application of principles to facts — Remand — Trial Court erred in holding that the adultery issue could only be decided at final adjudication, rendering the statutory scheme otiose; since photographic/electronic evidence of adultery was placed on record requiring evaluation, the Trial Court was directed to decide the S. 125(4) application on merits, with interim maintenance continuing till such decision — matter remanded. 2026-08-02T13:53:47Z Blog https://sclaw.in/2026/08/01/specific-relief-act-1963-section-20-specific-performance-discretionary-and-equitable-relief-clean-hands-grant-of-specific-performance-is-discretionar/ 2026-08-01T14:43:29Z Supreme Court of India Judgements en Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff's spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing "hot and cold" and disentitles the plaintiff to equitable relief. 2026-08-01T14:43:29Z Blog https://sclaw.in/2026/08/01/criminal-procedure-code-1973-crpc-section-299-absence-of-order-effect-on-conviction-where-no-order-under-s-299-was-ever-passed-at-the-stage-the-co-accused-w/ 2026-08-01T14:36:35Z Supreme Court of India Judgements en Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted. 2026-08-01T14:36:35Z Blog