Supreme Court of India Judgements

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Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor. Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts. Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees. Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21 Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports
Cr P C

Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.

Jun 8, 2026 sclaw
Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor.
C P C
Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor.
Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.
Cr P C
Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.
Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees.
Contract Act Mining
Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees.
Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21
Cr P C
Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21
Specific Performance

Suit for specific performance – Suit for specific performance of an agreement for sale executed by the respondent in their favour in respect of a plot of land in Chandigarh – The Supreme Court held that the appellants were disentitled to the relief of specific performance due to their conduct of making false and/or incorrect statements in the plaint – The Supreme Court also held that the appellants did not give up their claim against the co-sharers of the respondent who were not parties to the suit.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAJOR GEN. DARSHAN SINGH (D) BY LRS. AND ANOTHER — Appellant Vs. BRIJ BHUSHAN CHAUDHARY (D) BY LRS. — Respondent ( Before : Abhay…

Acquittal Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 8(c) read with 20(b)(ii)(c) – Seizure of ganja from four accused under the NDPS Act – The Court pointed out the glaring loopholes and fatal flaws in the prosecution case, such as the doubtful weighment of the contraband, the flawed sampling procedure, the missing link evidence, the inadmissible confession, and the illegal conviction of the appellants who were not present at the spot.

Mar 8, 2024 sclaw

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

Consumer

Consumer Law – they neither have the skills nor the expertise to do so. However, they are liable to pay the monetary compensation as directed by the consumer forums from the estate of the deceased developer – The court applied the principles of contract law, consumer protection law, and succession law to arrive at its decision – It distinguished between proprietary rights and personal rights, and between inheritable rights and uninheritable rights – It also discussed the nature and status of a proprietary concern and its legal representatives.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VINAYAK PURSHOTTAM DUBE (DECEASED), THROUGH LRS — Appellant Vs. JAYASHREE PADAMKAR BHAT AND OTHERS — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan,…

Acquittal

Penal Code, 1860 (IPC) – Section 306 – Abetment of Suicide – The Supreme Court reiterated that to constitute abetment, there must be a positive action proximate to the time of occurrence on the part of the accused, which led or compelled the person to commit suicide – The Supreme Court also stated that mere allegation of harassment without any direct or indirect act of incitement to the commission of suicide would not amount to abetment

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUMAR @ SHIVA KUMAR — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Bela M. Trivedi and Ujjal Bhuyan, JJ. ) Criminal…

Arbitration Limitation

Arbitration and Conciliation Act, 1996 – Section 11(6) – Whether the Limitation Act, 1963 is applicable to an application for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 – The court allows the petition and appoints a former judge of the Supreme Court as the sole arbitrator – The court also suggests that the Parliament should consider bringing an amendment to the Act, 1996 prescribing a specific period of limitation for filing an application under Section 11 of the Act, 1996

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S ARIF AZIM CO. LTD. — Appellant Vs. M/S APTECH LTD — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B. Pardiwala and…

C P C

Amendment of Plaint – Amendment of the plaint in a suit for partition of ancestral property -The Court allowed the appeal and set aside the order of the High Court, holding that the amendment was not permissible as it would change the nature and character of the suit, cause prejudice to the appellant, and was barred by limitation and res judicata -The Court relied on the provisions of Order VI Rule 17 and Order XXIII Rule 3 of the Code of Civil Procedure, 1908, and the precedents of this Court (M. Revanna v. Anjanamma (Dead) by legal representatives and others, (2019) 4 SCC 332 ) on the scope and limitations of amendment of pleadings and challenge to compromise decrees.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BASAVARAJ — Appellant Vs. INDIRA AND OTHERS — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ. ) Civil Appeal No. 2886 of…

Will & Succession

Succession Act, 1925 – Section 63 – The first defendant denied selling the property to the plaintiff and asserted that her father had executed a will dated 23.03.1977 in favour of her son ‘M’ (the second defendant), who was the rightful owner of the property -Court held that the Will was duly proved by the evidence of the scribe and the attestors and that the sale deed executed in favour of the plaintiff was invalid as the legatee under the will, ‘M’ was not a party to it.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAVITRI BAI AND ANOTHER — Appellant Vs. SAVITRI BAI — Respondent ( Before : Sanjay Karol and Sanjay Kumar, JJ. ) Civil Appeal No.…

Constitution

Rupa Ashok Hurra vs. Ashok Hurra & Anr (2002) 4 SCC 388 – This landmark case established the concept of curative petitions and the requirements for filing them – We do not think any case has been made out by the appellant for invoking the curative jurisdiction to take relook into the appellants case. Hence, we refrain from entertaining the curative petitions. We do not think any purpose would be served in sending the matter back to the Chamber Judge for instructions in the given circumstances.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S BRAHMAPUTRA CONCRETE PIPE INDUSTRIES ETC. ETC. — Appellant Vs. THE ASSAM STATE ELECTRICITY BOARD AND OTHERS — Respondent ( Before : Aniruddha Bose…

You missed

C P C

Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor.

Jun 8, 2026 sclaw
Cr P C

Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.

Jun 8, 2026 sclaw
Contract Act Mining

Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees.

Jun 8, 2026 sclaw
Cr P C

Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21

Jun 8, 2026 sclaw