Supreme Court of India Judgements

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Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month. Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant. Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period. Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later. Motor Vehicles Act, 1988 — Section 166 and 140 — Compensation for death in motor vehicular accident — Negligence — Truck stationed on road at night without warning lights or indicators — Wagon-R car collided from behind — Held, truck driver was negligent in leaving the vehicle unattended on the road without adequate precautionary measures, which was the proximate cause of the accident.
Accident

Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.

Jun 26, 2026 sclaw
Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.
Accident
Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.
Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.
State Laws
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.
Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later.
Specific Performance
Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later.
Cheque Dishonour

“Civil vs. Criminal Standards: Supreme Court Overturns Dishonoured Cheque Conviction” – Supreme Court noted the difference in standards of proof in civil and criminal proceedings and emphasized that the criminal court should not be bound by the civil court’s decree in this case – The Supreme Court allowed the appeal, quashed the criminal proceedings, and ordered the return of damages imposed by the lower courts to the appellant.

Apr 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PREM RAJ — Appellant Vs. POONAMMA MENON AND ANOTHER — Respondent ( Before : Sanjay Karol and Aravind Kumar, JJ. ) Criminal Appeal No.…

Bail Granted

“Sanjay Singh Granted Bail on Conditions: Top Court Rejects Precedent Setting in Money Laundering Case” – The Supreme Court set aside the impugned judgment and directed that Sanjay Singh be released on bail, with the terms and conditions to be fixed by the trial court – The Order clarifies that this concession should not be treated as a precedent – Pending applications, if any, were disposed of.

Apr 3, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH SANJAY SINGH — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Sanjiv Khanna, Dipankar Datta and Prasanna Bhalachandra Varale, JJ. ) Criminal…

Tenders

Tender – The Supreme Court found that the High Court did not properly consider the independent committee’s findings and the previous cancellation of the tender. It held that the respondents acted in collusion to misuse the court’s process – The Supreme Court quashed the High Court’s order, allowed the appeal with costs, and clarified that HIMUDA could initiate a fresh tender process following due legal procedures.

Apr 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LEVEL 9 BIZ PVT. LTD. — Appellant Vs. HIMACHAL PRADESH HOUSING AND URBAN DEVELOPMENT AUTHORITY AND ANOTHER — Respondent ( Before : Bela M.…

Acquittal

Supreme Court found that the High Court’s judgment was based on conjectures and did not properly consider the trial court’s detailed analysis of evidence – The Supreme Court allowed the appeal, quashed the High Court’s judgment, and acquitted the appellants, stating that the prosecution failed to establish guilt beyond reasonable doubt.

Apr 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BALLU @ BALRAM @ BALMUKUND AND ANOTHER — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : B.R. Gavai and Sandeep…

Limitation

Court finds merit in the petitioner’s arguments, stating that the time spent before the Tehsildar should be excluded from the limitation period, as it was pursued with due diligence and good faith – The appeal is allowed, the previous orders are set aside, and the execution application is restored for fresh consideration regarding the limitation period – The Court emphasizes the need to interpret Section 14 of the Limitation Act in a manner that advances justice.

Apr 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PURNI DEVI AND ANOTHER — Appellant Vs. BABU RAM AND ANOTHER — Respondent ( Before : Sanjay Karol and Aravind Kumar, JJ. ) Civil…

Constitution

The suit raises substantial constitutional questions regarding the interpretation of Article 131 and the extent of a state’s right to borrow under Article 293 – The court finds the issues raised require interpretation by a larger bench and refers the matter accordingly – The interim injunction sought by Kerala is denied, with the court stating that the observations made are for the limited purpose of this decision and do not affect the final outcome of the suit.

Apr 1, 2024 sclaw

(2024) INSC 253 SUPREME COURT OF INDIA DIVISION BENCH STATE OF KERALA — Appellant Vs. UNION OF INDIA — Respondent ( Before : Surya Kant and K.V. Viswanathan, J. )…

Acquittal

Penal Code, 1860 – Section 306 – Abetment of suicide – Citing precedents, the Court notes that mere harassment without proximate positive action leading to suicide does not constitute abetment – The Court quashes the proceedings against the appellant, stating no offence is made out against her, but allows the trial to proceed against other accused.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMUDHA — Appellant Vs. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE AND ANOTHER — Respondent ( Before : Abhay S. Oka and Ujjal…

Anticipatory Bail Bail Granted

The Court considered the principles of anticipatory bail and the role of the accused, noting that the prime accused had been granted bail and the appellant’s role was secondary – The Court analyzed the factors to be considered for anticipatory bail, as laid out in previous judgments, focusing on the nature of the accusation and the role of the accused – The Supreme Court confirmed the order granting anticipatory bail to Petitioner, setting aside the order of cancellation, with the condition of cooperation in the investigation and trial.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SABITA PAUL AND OTHER — Appellant Vs. THE STATE OF WEST BENGAL AND ANOTHER — Respondent ( Before : Vikram Nath and Sanjay Karol,…

Election Laws

Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 – Section 7(1) – Selection Committee – The Court analyzes the 2023 Act in light of the Constitution and previous judgments, particularly focusing on the principle of proportionality and the power of judicial review – The Court declines to grant a stay, citing the importance of maintaining the election schedule and the assumption that constitutional post holders will adhere to their roles in accordance with the Constitution – The observations are tentative as the matter is sub-judice. ORDE

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. JAYA THAKUR AND OTHERS — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Sanjiv Khanna and Dipankar Datta, JJ.…

C P C

Civil Procedure Code, 1908 – Sections 10, 16 and 20 – Suits to be instituted where subject-matter situate – The court refers to Section 16 and Section 20 of the CPC, emphasizing that suits related to immovable property should be instituted where the property is located – The court analyzes the provisions of the CPC and prior case law to determine jurisdiction and the applicability of Section 10 of the CPC – The court dismisses the petitioner’s transfer petition and allows the respondent’s petition, ordering the transfer of the petitioner’s suit to Sehore, Madhya Pradesh.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S ACME PAPERS LTD. AND OTHERS — Appellant Vs. M/S. CHINTAMAN DEVELOPERS PVT. LTD. AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and…

You missed

Accident

Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.

Jun 26, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.

Jun 26, 2026 sclaw
State Laws

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.

Jun 24, 2026 sclaw
Specific Performance

Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later.

Jun 24, 2026 sclaw