Supreme Court of India Judgements

June 18, 2025 12:38 am

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Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries. Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery. High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial. For Section 387 IPC, putting someone in fear of death/grievous hurt to commit extortion is sufficient; delivery of property is not required.

Consumer

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Jun 12, 2025 sclaw

Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

Jun 11, 2025 sclaw

Consumer

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Jun 12, 2025 sclaw

Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

Jun 11, 2025 sclaw

C P C Railways Act

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

Jun 10, 2025 sclaw

Cr P C

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

Jun 10, 2025 sclaw

I P C

For Section 387 IPC, putting someone in fear of death/grievous hurt to commit extortion is sufficient; delivery of property is not required.

Jun 10, 2025 sclaw

Consumer

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

C P C Railways Act

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

Cr P C

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

Service

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross misconduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

Acquittal

(IPC) – Section 409 – Criminal breach of trust by public servant, or by banker, merchant or agent -‘criminal breach of trust’ is defined under Section 405 IPC which provides, inter alia, that whoever being in any manner entrusted with property or with any dominion over a property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property contrary to law, or in violation of any law prescribing the mode in which such trust is to be discharged, or contravenes any legal contract, express or implied, etc. shall be held to have committed criminal breach of trust

Consumer

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

Service

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

Consumer

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

C P C Railways Act

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

Cr P C

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

Anticipatory Bail Cr P C

Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Nature and Scope — Power to grant anticipatory bail under S. 438 is an extraordinary power to be exercised sparingly and only in exceptional cases, not as a matter of routine — Its object is to protect individuals from harassment or humiliation, but this must be balanced against the larger societal interest in maintaining law and order and ensuring the proper course of justice.

Apr 12, 2025 sclaw

2025 INSC 477 SUPREME COURT OF INDIA DIVISION BENCH SERIOUS FRAUD INVESTIGATION OFFICE Vs. ADITYA SARDA ( Before : Bela M. Trivedi and Prasanna B. Varale, JJ. ) Criminal Appeal…

State Laws

Uttar Pradesh Value Added Tax Act, 2008 — Sections 7(c), 13(1) & 13(7) — Input Tax Credit (ITC) — Entitlement — Sales exempt under S. 7(c) — Where a dealer makes sales to manufacturer-exporters against Form-E, which are exempt from tax under S. 7(c) pursuant to notifications (dated 24.02.2010 and 25.03.2010), the dealer is not entitled to claim ITC on the purchase tax paid on such goods

Apr 12, 2025 sclaw

2025 INSC 476 SUPREME COURT OF INDIA DIVISION BENCH NEHA ENTERPRISES Vs. COMMISSIONER, COMMERCIAL TAX, LUCKNOW, UTTAR PRADESH ( Before : Pankaj Mithal and S.V.N Bhatti, JJ. ) Civil Appeal…

C P C

Civil Procedure Code, 1908 — Section 100 & Order 41, Rules 23, 23A and 25 — Remand by High Court in Second Appeal — Justification — Remand in second appeal should only be ordered when specific conditions under Order 41 are met or when absolutely necessary

Apr 12, 2025 sclaw

2025 INSC 478 SUPREME COURT OF INDIA DIVISION BENCH R. NAGARAJ (DEAD) THROUGH LRS. AND ANOTHER Vs. RAJMANI AND OTHERS ( Before : J. B. Pardiwala and R. Mahadevan, JJ.…

Service

Where an advertisement was issued subsequent to the notification of the 2020 Rules providing 33% horizontal reservation for women, and specified certain posts (like DSP ‘SC Sports’) as reserved for women (‘SC Sports (Women)’), this reservation specification within the advertisement, implementing the mandate of the 2020 Rules, is valid for that recruitment process, unless the advertisement itself is successfully challenged or withdrawn.

Apr 12, 2025 sclaw

2025 INSC 479 SUPREME COURT OF INDIA DIVISION BENCH PRABHJOT KAUR Vs. STATE OF PUNJAB AND OTHERS ( Before : Sudhanshu Dhulia and K. Vinod Chandran, JJ. ) Civil Appeal…

SC/ST

For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view”

Apr 10, 2025 sclaw

2025 INSC 459 SUPREME COURT OF INDIA DIVISION BENCH HUTU ANSARI @ FUTU ANSAR AND OTHERS Vs. THE STATE OF JHARKHAND ( Before : Sudhanshu Dhulia and K. Vinod Chandran,…

Corruption

Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind.

Apr 10, 2025 sclaw

2025 INSC 471 SUPREME COURT OF INDIA DIVISION BENCH STATE OF KARNATAKA Vs. SRI CHANNAKESHAVA.H.D. AND ANOTHER ( Before : Sudhanshu Dhulia and K. Vinod Chandran, JJ. ) Criminal Appeal…

Evidence Act

The interpretation of a written agreement to determine if it grants a ‘leave and license’ (potentially attracting deemed tenancy under S.15A Bombay Rent Act) or merely permits ‘conducting a business’ depends primarily on its written terms construed under Ss. 91/92 Evidence Act, excluding contradictory oral evidence.

Apr 10, 2025 sclaw

2025 INSC 466 SUPREME COURT OF INDIA DIVISION BENCH ANNAYA KOCHA SHETTY (DEAD) THROUGH LRS Vs. LAXMIBAI NARAYAN SATOSE SINCE DECEASED THROUGH LRS AND OTHERS ( Before : Pankaj Mithal…

Service

Eligibility for dynamic reservation categories (OBC-NCL/EWS etc.) requires possessing a category certificate valid under applicable rules (including period/affidavits) as of the recruitment’s cut-off date (last application date if unspecified).

Apr 10, 2025 sclaw

2025 INSC 463 SUPREME COURT OF INDIA FULL BENCH SAKSHI ARHA Vs. THE RAJASTHAN HIGH COURT AND OTHERS ( Before : Abhay S. Oka, Ahsanuddin Amanullah and Augustine George Masih,…

Accident

Absence of the mandatory Rule 9 (CMVR) hazardous goods endorsement on a driver’s licence constitutes a fundamental policy breach, permitting insurer pay-and-recover, especially when negligent driving causes the accident.

Apr 10, 2025 sclaw

2025 INSC 468 SUPREME COURT OF INDIA DIVISION BENCH M/S. CHATHA SERVICE STATION Vs. LALMATI DEVI AND OTHERS ( Before : Sudhanshu Dhulia and K. Vinod Chandran, JJ. ) Civil…

Cr P C

Quashing criminal proceedings under S.482 CrPC is improper when prima facie material, including corroborated statements of the accused/co-accused and surrounding circumstances, indicates involvement warranting trial.

Apr 10, 2025 sclaw

025 INSC 474 SUPREME COURT OF INDIA DIVISION BENCH HYEOKSOO SON AUTHORIZED REPRESENTATIVE FOR DAECHANG SEAT AUTOMOTIVE PVT. LTD. Vs. MOON JUNE SEOK AND ANOTHER ( Before : Sanjay Karol…

You missed

Consumer

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Jun 12, 2025 sclaw

Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

Jun 11, 2025 sclaw

C P C Railways Act

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

Jun 10, 2025 sclaw

Cr P C

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

Jun 10, 2025 sclaw