Supreme Court of India Judgements

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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. 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) 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. 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. 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.
Environment

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.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

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)

Aug 2, 2026 sclaw
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.
Environment
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.
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)
Bhartiya Nagrik Suraksha Sanhita Cr P C
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)
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.
Direct Taxation Income Tax Act
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.
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.
Cr P C
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.
Acquittal

The court found that the eyewitnesses were tutored by the police, which undermined the prosecution’s case – The absence of independent eyewitness testimony further weakened the case – The court acquitted the appellants due to the substantial doubt raised about the prosecution’s case and ordered an inquiry into the police’s conduct – The appellants had already served over 10 years of incarceration.

Apr 7, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANIKANDAN — Appellant Vs. STATE BY THE INSPECTOR OF POLICE — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal…

Bail Declined

Penal Code, 1860 (IPC) – Sections 147, 148, 149, 302, 336 and 427 – Murder – Cancellation of Bail — The Supreme Court found the High Court’s orders lacked detailed consideration of facts, especially given the severity of the crime and the specific naming of the respondents in the FIR – The Supreme Court set aside the High Court’s orders, cancelled the bail granted to the respondents, and directed them to surrender to custody

Apr 7, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AQEEL AHMAD — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ. ) Criminal…

Stamp Act State Laws

Bombay Stamp Act, 1958 – Section 9 – Refund of stamp duty paid for an increase in share capital – The Supreme Court examined whether Form No. 5 is an “instrument” under the Stamp Act and if the notice of increased share capital materially alters the Articles of Association, requiring fresh stamp duty – The Court upheld the High Court’s decision, stating that the Articles of Association are the only instruments liable for stamp duty and that the maximum cap applies as a one-time measure – The appellants were directed to refund the stamp duty with interest.

Apr 7, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MAHARASHTRA AND ANOTHER — Appellant Vs. NATIONAL ORGANIC CHEMICAL INDUSTRIES LTD. — Respondent ( Before : Sudhanshu Dhulia and Prasanna B. Varale,…

Constitution Election Laws

– The Appellant claimed ‘Mochi’ caste, which was validated and granted by the Scrutiny Committee – The Respondents’ argument that a reserved category in one state cannot be granted reservation in another state has no relevance in this case, as the Appellant’s claim was based on her forefathers’ genealogical caste history – The Scrutiny Committee verified the Appellant’s claim as applicable to Maharashtra – Considering the peculiar facts and circumstances, the instant appeals stand allowed.

Apr 7, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NAVNEET KAUR HARBHAJANSING KUNDLES @ NAVNEET KAUR RAVI RANA — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : J.K. Maheshwari…

Limitation

Limitation Act, 1963 – Section 5 – Condonation of Delay – Court emphasized the importance of timely litigation and found no sufficient cause to condone the extensive delay – The Supreme Court dismissed the appeal, upholding the High Court’s decision not to condone the delay – The respondent was entitled to the decree’s benefits without further legal delays.

Apr 3, 2024 sclaw

2024 INSC 262 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. JAHANGIR BYRAMJI JEEJEEBHOY (D) THROUGH HIS LR — Respondent ( Before : Aniruddha…

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.…

You missed

Environment

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.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

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)

Aug 2, 2026 sclaw
Direct Taxation Income Tax Act

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.

Aug 2, 2026 sclaw
Cr P C

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.

Aug 2, 2026 sclaw