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.
Juvenile Justice

Penal Code, 1860 (IPC) – Sections 302, 363,342 and 201 – Juvenile Justice(Care and Protection of Children) Act, 2015 – Sections 2(13) and 6 –The Court analyzed relevant provisions of the JJ Act, emphasizing the mandatory nature of preliminary assessments for CICLs accused of heinous offences – The Court quashed the impugned judgment and ordered the appellant’s release, noting that the proceedings against him were vitiated due to the violation of the JJ Act.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THIRUMOORTHY — Appellant Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal…

CBI I P C

CBI investigation for justice – The Court finds the investigation ineffective and is inclined to transfer the case to the CBI, noting the need for a credible investigation and the fundamental rights of the appellants – The Court discusses the circumstances under which investigations can be transferred to the CBI, emphasizing the sparing use of this power and the need for complete justice – The Court sets aside the High Court’s order dismissing the transfer to the CBI and directs the CBI to take over the investigation, ensuring a thorough inquiry and the pursuit of justice.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AWUNGSHI CHIRMAYO AND ANOTHER — Appellant Vs. GOVERNMENT OF NCT OF DELHI AND OTHERS — Respondent ( Before : J.K. Maheshwari and Sudhanshu Dhulia,…

Bail Declined

Grant of Bail – Supreme Court found that the High Court’s order lacked legal sustenance as it did not properly consider the detailed evidence against respondent no.2. – The Supreme Court emphasized the need for brief reasons in bail decisions, as established by precedent – The appeal is allowed, the High Court’s order was set aside, and respondent no.2 was given three weeks to surrender – The order does not prejudice subsequent proceedings or bar fresh bail applications.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM MURTI SHARMA — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Sudhansu Dhulia and Rajesh Bindal, JJ. )…

Labour Cases

Industrial Employment (Standing Orders) Act, 1946 – Section 3, 7 and 10(3) – Transferring of employees between different units of the company – – The Supreme Court refers to the case of Cipla Ltd. to assert that the terms of employment and Standing Orders do not conflict, and transfers are permissible – The Court analyzes the Industrial Employment (Standing Orders) Act, particularly Sections 7 and 10, to determine the operation and modification of Standing Orders – The Supreme Court concludes that the transfers were legal, overturns the High Court’s judgment, and dismisses the writ petitions filed by the respondents – The Court does not address the broader issue of the power to modify Standing Orders.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. DIVGI METAL WARES LTD. — Appellant Vs. M/S. DIVGI METAL WARES EMPLOYEES ASSOCIATION AND ANOTHER — Respondent ( Before : B.R. Gavai and…

Acquittal

Penal Code, 1860 (IPC) – Sections 302 and Section 304 Part-I – Murder – Acquital – The Supreme Court finds that the prosecution has not fully established the circumstances necessary for a conviction based on circumstantial evidence, as required by the precedent set in Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116 – The Supreme Court allows the appeal, acquits the appellants of all charges, and orders their immediate release, citing insufficient evidence to prove guilt beyond a reasonable doubt.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAGHUNATHA AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal Appeal…

Environment

Environment (Protection) Act, 1986 – 3(2)(v)(1) – Environment (Protection) Rules, 1986 – Rule 5(3)(d) – The Court finds the exemption to be unguided and arbitrary, lacking specific criteria for the quantity of earth extraction and the definition of linear projects – The Court concludes that the exemption under item 6 of the impugned notification is illegal and arbitrary, violating Article 14 of the Constitution of India – The amended notification also fails to address these concerns adequately – Appeal Partly allowed.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NOBLE M. PAIKADA — Appellant Vs. UNION OF INDIA — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Civil Appeal…

Preventive Detention

Telangana Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 – Section 3(2) – Power to make orders detaining certain persons – The court examined the definitions of “public order” and “Goonda” under the Act, emphasizing the need for activities to adversely affect the community at large to be considered prejudicial to public order – The court upheld the preventive detention order, concluding that the appellant’s activities did indeed affect public order and that the detention was necessary to prevent further harm to society.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH NENAVATH BUJJI ETC. — Appellant Vs. THE STATE OF TELANGANA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B. Pardiwala…

Corporate

Railways Act, 1989 – Section 106 – Notice of claim for compensation and refund of overcharge.- The court examines the distinction between ‘overcharge’ and ‘illegal charge,’ the requirement of notice under Section 106, and the applicability of past cases like Birla Cement Works and West Coast Paper Mills – The court analyzes the scope of Section 106, the reasons for revising freight charges, and whether the revision was due to a new methodology or an error in the existing notified freight charges – Held,, that the chargeable distance of 444 km was illegal

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. M/S INDIAN OIL CORPORATION LTD. — Respondent ( Before : J.B. Pardiwala and Sandeep Mehta, JJ. ) Civil…

Customs & Excise

Customs Act, 1962 – Sections 15(1)(C) and 130E – After a thorough review of the facts and legal arguments presented by both parties, the Court decided to remand the case back to the Commissioner for re-adjudication –This Court directed the Commissioner to work out remedies for the cases of goods under Section 15(1)(c) of the Customs Act within a specified timeframe – The Court sustained the demand for customs duty and interest on certain cases while upholding the penalty imposed on the appellant for unauthorized removal of imported goods – The impugned order of the CESTAT was modified accordingly, and the appeal was allowed in part.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. BISCO LIMITED — Appellant Vs. COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. )…

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