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.
Property Matters

Property Dispute – Dispute over illegal demolition – Settlement discussions ensued between the complainants and accused, resulting in compensation to the tenants – The tenants withdrew their complaint, seeking quashing of proceedings – The Supreme Court allowed the petitions, ordering police personnel to pay compensation to the tenants, and quashing the proceedings upon depositing the specified amounts in a fund

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHATRUGHNA ATMARAM PATIL AND OTHERS — Appellant Vs. VINOD DODHU CHAUDHARY AND ANOTHER — Respondent ( Before : Vikram Nath and Satish Chandra Sharma,…

I P C

Rape – Consensual relationship -The appellant contended a valid Nikah with the second respondent and sought the quashing of the proceedings – The court examined the evidence, emphasizing the consensual nature of the relationship from 2013 to 2017 – The Supreme Court quashed the criminal proceedings against the appellant in a case of rape and other offences

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHEIKH ARIF — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. )…

Rent

Maharashtra Rent Control Act 1999 – Section 16(1)(i) – When landlord may recover possession – The Bombay High Court, in a judgment dated 4th August 2015, set aside the eviction decrees passed against the tenants in two separate suits filed by the landlords – this Court set aside the eviction decrees and remanded the cases back to the trial court for fresh consideration

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BAITULLA ISMAIL SHAIKH AND ANOTHER — Appellant Vs. KHATIJA ISMAIL PANHALKAR AND OTHERS — Respondent ( Before : Aniruddha Bose and Bela M. Trivedi,…

Contempt

Contempt of Courts Act, 1971 – Section 2(b) – ‘civil contempt’ – This case involves a dispute related to contempt of court arising from a stay order passed in an appeal – The Court set aside the order, emphasizing that the High Court had overstepped its contempt jurisdiction by vacating the stay order – The matter was remanded to the High Court to address the contempt issue appropriately

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMIT KUMAR DAS, JOINT SECRETARY, BAITANIK, A REGISTERED SOCIETY — Appellant Vs. SHRIMATI HUTHEESINGH TAGORE CHARITABLE TRUST — Respondent ( Before : Aniruddha Bose…

Cr P C

Allegations do not establish the ingredients of criminal offences – Dispute between the parties was essentially a commercial nature – The Court concludes that the dispute between the parties is essentially a commercial one, and the allegations do not establish the ingredients of criminal offences such as criminal breach of trust – The Court quashes the criminal complaint case and the summoning order, allowing the appeal.

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SACHIN GARG — Appellant Vs. STATE OF U.P AND ANOTHER — Respondent ( Before : Aniruddha Bose and Sanjay Kumar, JJ. ) Criminal Appeal…

Contempt

Contempt of Courts Act, 1971 – Legal proceedings related to criminal contempt of court – The case involves a practicing advocate and former army personnel who was convicted by the High Court of Delhi under the Contempt of Courts Act, 1971 – considering the appellant’s age and health conditions, the this Court modified the sentence to imprisonment till the rising of the court – The judgment emphasizes the importance of maintaining the dignity and reputation of judicial officers and protecting them from unfounded allegations that interfere with the administration of justice

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GULSHAN BAJWA — Appellant Vs. REGISTRAR, HIGH COURT OF DELHI AND ANOTHER — Respondent ( Before : Vikram Nath and Pamidighantam Sri Narasimha, JJ.…

Acquittal SC/ST

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(xi) – The Court held that the prosecution had failed to prove beyond a reasonable doubt that the accused had assaulted the victim with the intention of dishonouring or outraging her modesty, as required under Section 3(1)(xi) SC/ST Act – The Court also held that the prosecution had failed to establish that the accused belonged to a Scheduled Caste or a Scheduled Tribe

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH DASHRATH SAHU — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : B.R. Gavai, Prashant Kumar Mishra and Sandeep Mehta, JJ. ) Criminal…

Consumer

Consumer Law – Medical Negligence – – the respondent filed a review petition with the NCDRC, which granted it ex parte, reducing the compensation to Rs. 2 lakhs and stating that the respondent had already paid the amount – The appellant then filed a review petition with the Supreme Court, which reinstated the original order of Rs. 2 lakhs with interest at 12% – The Supreme Court also imposed a cost of Rs. 50,000 on the respondent for making a false representation

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P.C. JAIN — Appellant Vs. DR. R.P. SINGH — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Civil Appeal No(S). …of…

Acquittal

Constitution of India, 1950 – Article 19(1)(a) – Penal Code, 1860 (IPC) – Section 500 – Defamation – Quashing of complaint – A complaint has been filed against the appellant/accused, the registered owner of the ‘Sunday Blast’ newspaper – Allegation is that the accused allowed the publication of a news article in the February 24, 2013 edition with the title “Advocate ne pan masala vyavasayi par karaya jhuta mamla darj,” – Order passed by Magistrate First Class, Hoshangabad rejecting the complaint of the respondent-complainant is a well-reasoned order

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SANJAY UPADHYA — Appellant Vs. ANAND DUBEY — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal Appeal No(S). …of 2024…

Service Matters
Service

CSIR’s argument that respondent no. 1 was not graded as ‘Good’ whereas respondent nos. 2 & 3 were graded as ‘Very Good’ was irrelevant because the promotion of respondent nos. 2 & 3 had been interfered with by the High Court holding them to be ineligible for the post – In view of the above facts, the Court held that the action of the appellant-CSIR in denying promotion to respondent no. 1 upon the post of Under Secretary was rightly reversed by the High Court.

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DIRECTOR GENERAL, COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH(CSIR) — Appellant Vs. J.K. PRASHAR AND OTHERS — Respondent ( Before : Pamidighantam Sri Narasimha and…

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