Supreme Court of India Judgements

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Penal Code, 1860 (IPC) — Section 498A — Cruelty by husband or relatives of husband — For the conviction under Section 498A, the prosecution must prove beyond reasonable doubt that the accused caused mental or physical cruelty to the woman. In this case, the evidence presented by the prosecution regarding dowry demands and cruelty was found to be contradictory and uncorroborated by independent witnesses. Therefore, the conviction of the appellant under Section 498A IPC was set aside. Civil Procedure Code, 1908 (CPC) — Section 89 — Compromise Decree — Interpretation of — Memorandum of Settlement (MOS) forming basis of decree — Clause (xiii) specifying conditional obligations for exchange of immovable properties or payment of guideline value upon failure to transfer — Held, obligation to pay monetary compensation triggered by failure to transfer agreed ‘B Schedule’ land, not discretionary option. Right to Education Act, 2009 — Section 12 — Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 — Rule 8 — Neighbourhood School Obligation — A neighbourhood school has a constitutional and statutory duty to admit students forwarded by the State Government without delay, as mandated by Article 21A of the Constitution and relevant provisions of the RTE Act and UP RTE Rules — The school cannot question the eligibility of a student once the government has completed the admission process and forwarded the list. Insolvency and Bankruptcy Code, 2016 — Section 5(8) — Financial Debt — Corporate Guarantees — A liability arising from corporate guarantee for money borrowed against interest qualifies as financial debt — The execution of corporate guarantees, even if challenged on grounds of timing or non-disclosure, are considered valid and enforceable if their execution is admitted or demonstrably proven, making the appellants entitled to recognition as financial creditors. Civil Services — Tenure Curtailment — Not Punitive Unless Stigmatic — Curtailment of tenure and reversion to a lower post is not punitive or stigmatic merely because it is premature or based on unsatisfactory performance reports, as long as the order itself does not impute misconduct or stigma beyond unsuitability for the role.
I P C

Penal Code, 1860 (IPC) — Section 498A — Cruelty by husband or relatives of husband — For the conviction under Section 498A, the prosecution must prove beyond reasonable doubt that the accused caused mental or physical cruelty to the woman. In this case, the evidence presented by the prosecution regarding dowry demands and cruelty was found to be contradictory and uncorroborated by independent witnesses. Therefore, the conviction of the appellant under Section 498A IPC was set aside.

May 1, 2026 sclaw
Penal Code, 1860 (IPC) — Section 498A — Cruelty by husband or relatives of husband — For the conviction under Section 498A, the prosecution must prove beyond reasonable doubt that the accused caused mental or physical cruelty to the woman. In this case, the evidence presented by the prosecution regarding dowry demands and cruelty was found to be contradictory and uncorroborated by independent witnesses. Therefore, the conviction of the appellant under Section 498A IPC was set aside.
I P C
Penal Code, 1860 (IPC) — Section 498A — Cruelty by husband or relatives of husband — For the conviction under Section 498A, the prosecution must prove beyond reasonable doubt that the accused caused mental or physical cruelty to the woman. In this case, the evidence presented by the prosecution regarding dowry demands and cruelty was found to be contradictory and uncorroborated by independent witnesses. Therefore, the conviction of the appellant under Section 498A IPC was set aside.
Civil Procedure Code, 1908 (CPC) — Section 89 — Compromise Decree — Interpretation of — Memorandum of Settlement (MOS) forming basis of decree — Clause (xiii) specifying conditional obligations for exchange of immovable properties or payment of guideline value upon failure to transfer — Held, obligation to pay monetary compensation triggered by failure to transfer agreed ‘B Schedule’ land, not discretionary option.
C P C
Civil Procedure Code, 1908 (CPC) — Section 89 — Compromise Decree — Interpretation of — Memorandum of Settlement (MOS) forming basis of decree — Clause (xiii) specifying conditional obligations for exchange of immovable properties or payment of guideline value upon failure to transfer — Held, obligation to pay monetary compensation triggered by failure to transfer agreed ‘B Schedule’ land, not discretionary option.
Right to Education Act, 2009 — Section 12 — Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 — Rule 8 — Neighbourhood School Obligation — A neighbourhood school has a constitutional and statutory duty to admit students forwarded by the State Government without delay, as mandated by Article 21A of the Constitution and relevant provisions of the RTE Act and UP RTE Rules — The school cannot question the eligibility of a student once the government has completed the admission process and forwarded the list.
Education
Right to Education Act, 2009 — Section 12 — Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 — Rule 8 — Neighbourhood School Obligation — A neighbourhood school has a constitutional and statutory duty to admit students forwarded by the State Government without delay, as mandated by Article 21A of the Constitution and relevant provisions of the RTE Act and UP RTE Rules — The school cannot question the eligibility of a student once the government has completed the admission process and forwarded the list.
Insolvency and Bankruptcy Code, 2016 — Section 5(8) — Financial Debt — Corporate Guarantees — A liability arising from corporate guarantee for money borrowed against interest qualifies as financial debt — The execution of corporate guarantees, even if challenged on grounds of timing or non-disclosure, are considered valid and enforceable if their execution is admitted or demonstrably proven, making the appellants entitled to recognition as financial creditors.
I B C
Insolvency and Bankruptcy Code, 2016 — Section 5(8) — Financial Debt — Corporate Guarantees — A liability arising from corporate guarantee for money borrowed against interest qualifies as financial debt — The execution of corporate guarantees, even if challenged on grounds of timing or non-disclosure, are considered valid and enforceable if their execution is admitted or demonstrably proven, making the appellants entitled to recognition as financial creditors.
Service Matters
Service

The Court reasons that the service as a High Court Judge should be cumulated with district judiciary service for pension calculation, and the break in service should not adversely affect the pension – The Court analyzes the constitutional and statutory provisions, emphasizing the importance of non-discrimination in pension computation for Judges, regardless of their service origin – The Court concludes that Justice Garg is entitled to pension calculated on the basis of her last drawn salary as a High Court Judge, including arrears with interest – The appeal by the Union of India is disposed of accordingly.

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA, MINISTRY OF LAW AND JUSTICE — Appellant Vs. JUSTICE (RETD) RAJ RAHUL GARG (RAJ RANI JAIN) AND OTHERS — Respondent (…

Anticipatory Bail I P C

Prevention of Witch (Daain) Practices Act, 1999 – Sections 3 and 4 – Penal Code, 1860 (IPC) – Sections 341, 323, 354, 354 (B), 379, 504, 506 and 149 – – The respondent opposes anticipatory bail, asserting that the petitioner’s involvement is established – They contend that the seriousness of the charges warrants denial of bail – The court acknowledges that anticipatory bail is an extraordinary remedy – It emphasizes that such relief should be granted sparingly and only in exceptional circumstances – The court considers the petitioner’s status as an absconder and weighs the evidence against them – After thorough consideration, the court rules on the anticipatory bail application – Appeal Dismissed.

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRIKANT UPADHYAY AND OTHERS — Appellant Vs. STATE OF BIHAR AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. )…

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 :…

Election Laws

Court reasons that transfers are an administrative matter and judicial intervention is limited to cases of statutory violation or proven malafide intent – The Court analyzes precedents stating that transfers should not be interfered with unless they are prejudicial to public interest or violate norms – The Court concludes by setting aside the Division Bench’s judgment, reinstating the Single Judge’s order, and dismissing the writ petition.

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRI PUBI LOMBI Vs. THE STATE OF ARUNACHAL PRADESH AND OTHERS — Respondent ( Before : J.K. Maheshwari and Sanjay Karol, JJ. ) Civil…

Cr P C

Criminal Procedure Code, 1973 – Section 482 – Inherent Powers – Where a dispute which is essentially of a civil nature, is given a cloak of a criminal offence, then such disputes can be quashed, by exercising the inherent powers under Section 482 of the Code – High Court must not hesitate in quashing such criminal proceedings which are essentially of a civil nature.

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARESH KUMAR AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : Sudhanshu Dhulia and Prasanna B. Varale,…

Cr P C

Court directs that police reports must comply with Section 173(2) of Cr.P.C, detailing the investigation’s findings and ensuring all required documents and witness statements are included – Mandatory Compliance – The document underscores the importance of strict adherence to the procedural requirements for police reports, with non-compliance to be viewed seriously by the courts

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DABLU KUJUR — Appellant Vs. THE STATE OF JHARKHAND — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal, JJ. ) Criminal Appeal…

Service Matters
Service

All-India Services (Performance Appraisal Report) Rules, 2007 – Rules 5(1) and 9(7B) – Court concluded that the High Court erred in setting aside the CAT Order and directed the Accepting Authority to decide on the underlying representation within 60 days – The judgment emphasizes the importance of adhering to prescribed timelines and the restraint to be exercised by the judiciary in administrative matters involving specialized expertise.

Mar 22, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF HARYANA — Appellant Vs. ASHOK KHEMKA AND ANOTHER ( Before : Vikram Nath and Satish Chandra Sharma, JJ. ) Civil Appeal…

You missed

I P C

Penal Code, 1860 (IPC) — Section 498A — Cruelty by husband or relatives of husband — For the conviction under Section 498A, the prosecution must prove beyond reasonable doubt that the accused caused mental or physical cruelty to the woman. In this case, the evidence presented by the prosecution regarding dowry demands and cruelty was found to be contradictory and uncorroborated by independent witnesses. Therefore, the conviction of the appellant under Section 498A IPC was set aside.

May 1, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Section 89 — Compromise Decree — Interpretation of — Memorandum of Settlement (MOS) forming basis of decree — Clause (xiii) specifying conditional obligations for exchange of immovable properties or payment of guideline value upon failure to transfer — Held, obligation to pay monetary compensation triggered by failure to transfer agreed ‘B Schedule’ land, not discretionary option.

May 1, 2026 sclaw
Education

Right to Education Act, 2009 — Section 12 — Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 — Rule 8 — Neighbourhood School Obligation — A neighbourhood school has a constitutional and statutory duty to admit students forwarded by the State Government without delay, as mandated by Article 21A of the Constitution and relevant provisions of the RTE Act and UP RTE Rules — The school cannot question the eligibility of a student once the government has completed the admission process and forwarded the list.

Apr 30, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 5(8) — Financial Debt — Corporate Guarantees — A liability arising from corporate guarantee for money borrowed against interest qualifies as financial debt — The execution of corporate guarantees, even if challenged on grounds of timing or non-disclosure, are considered valid and enforceable if their execution is admitted or demonstrably proven, making the appellants entitled to recognition as financial creditors.

Apr 30, 2026 sclaw