Supreme Court of India Judgements

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Legal Representatives Can Claim Motor Accident Compensation Even Without Financial Dependency On Deceased Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist. Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits. Extended Period Of Limitation Under Proviso To Section 11A, Central Excise Act Cannot Be Invoked When Facts Are Known To Department Without Wilful Suppression A. Central Excise Act, 1944 — Section 35L — Maintainability of appeal before Supreme Court — Preliminary objection raised by Department that appeal does not come under Section 35L as issue had no relation to rate of duty or valuation — Held, issue raised regarding extended period of limitation on ground of non-inclusion of certain costs in assessable value has an inextricable link with valuation of goods for purposes of assessment — Issue raised in show cause notice fundamentally dealt with valuation of goods — Supreme Court declined to relegate matter to High Court after almost a decade of pendency — Preliminary objection rejected. 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.
Property Matters Transfer Of Property Act

Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist.

Aug 16, 2026 sclaw
Legal Representatives Can Claim Motor Accident Compensation Even Without Financial Dependency On Deceased
Accident
Legal Representatives Can Claim Motor Accident Compensation Even Without Financial Dependency On Deceased
Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist.
Property Matters Transfer Of Property Act
Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist.
Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits.
C P C
Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits.
Extended Period Of Limitation Under Proviso To Section 11A, Central Excise Act Cannot Be Invoked When Facts Are Known To Department Without Wilful Suppression A. Central Excise Act, 1944 — Section 35L — Maintainability of appeal before Supreme Court — Preliminary objection raised by Department that appeal does not come under Section 35L as issue had no relation to rate of duty or valuation — Held, issue raised regarding extended period of limitation on ground of non-inclusion of certain costs in assessable value has an inextricable link with valuation of goods for purposes of assessment — Issue raised in show cause notice fundamentally dealt with valuation of goods — Supreme Court declined to relegate matter to High Court after almost a decade of pendency — Preliminary objection rejected.
Customs & Excise
Extended Period Of Limitation Under Proviso To Section 11A, Central Excise Act Cannot Be Invoked When Facts Are Known To Department Without Wilful Suppression A. Central Excise Act, 1944 — Section 35L — Maintainability of appeal before Supreme Court — Preliminary objection raised by Department that appeal does not come under Section 35L as issue had no relation to rate of duty or valuation — Held, issue raised regarding extended period of limitation on ground of non-inclusion of certain costs in assessable value has an inextricable link with valuation of goods for purposes of assessment — Issue raised in show cause notice fundamentally dealt with valuation of goods — Supreme Court declined to relegate matter to High Court after almost a decade of pendency — Preliminary objection rejected.
I P C

Penal Code, 1860 (IPC) – Section 302 IPC read with Section 149 – Murder – Unlawful Assembly with Common Object – An overt act of some of the accused persons of an unlawful assembly with the common object to kill the deceased and to cause grievous hurt to the other family members is enough to rope in all of them for an offence under Section 302 IPC in aid with Section 149 IPC

Feb 6, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HAALESH @ HALESHI @ KURUBARA HALESHI — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ.…

SARFAESI

Security Interest (Enforcement) Rules, 2002 – Rule 9(5) – Contract Act, 1872 – Sections 73 and 74 – Forfeiture of earnest-money deposit by the secured creditor – Constitutional validity of Rule 9(5) of the SARFAESI Rules is upheld – Any dilution of the forfeiture provided under Rule 9(5) of the SARFAESI Rules would result in the entire auction process under the SARFAESI Act being set at naught by mischievous auction purchaser(s) through sham bids, thereby undermining the overall object of the SARFAESI Act of promoting financial stability, reducing NPAs and fostering a more efficient and streamlined mechanism for recovery of bad debts

Feb 6, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH THE AUTHORISED OFFICER, CENTRAL BANK OF INDIA — Appellant Vs. SHANMUGAVELU — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B. Pardiwala and…

Environment

Environmental Rule of Law – The importance of ensuring the effective functioning of these environmental bodies as this is imperative for the protection, restitution, and development of the ecology – The role of the constitutional courts is therefore to monitor the proper institutionalisation of environmental regulatory bodies and authorities

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH IN RE: T.N. GODAVARMAN THIRUMULPAD — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.R. Gavai, Pamidighantam Sri Narasimha and…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 409, 467, 468, 471 and 420 – Quashing of FIR – Misuse of Power of Attorney -The dispute, if any, is between the land-owners/principals inter-se and/or between them and the PoA-holder – It would be improper to drag the appellant into criminal litigation, when he had no role either in the execution of the PoA nor any misdeed by the PoA-holder vis-a-vis the land-owners/principals – Moreover, the entire consideration amount has been paid by the appellant to the PoA-holder

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHARAT SHER SINGH KALSIA — Appellant Vs. STATE OF BIHAR AND ANOTHER — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ. )…

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.…

You missed

Accident

Legal Representatives Can Claim Motor Accident Compensation Even Without Financial Dependency On Deceased

Aug 16, 2026 sclaw
Property Matters Transfer Of Property Act

Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist.

Aug 16, 2026 sclaw
C P C

Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits.

Aug 16, 2026 sclaw
Customs & Excise

Extended Period Of Limitation Under Proviso To Section 11A, Central Excise Act Cannot Be Invoked When Facts Are Known To Department Without Wilful Suppression A. Central Excise Act, 1944 — Section 35L — Maintainability of appeal before Supreme Court — Preliminary objection raised by Department that appeal does not come under Section 35L as issue had no relation to rate of duty or valuation — Held, issue raised regarding extended period of limitation on ground of non-inclusion of certain costs in assessable value has an inextricable link with valuation of goods for purposes of assessment — Issue raised in show cause notice fundamentally dealt with valuation of goods — Supreme Court declined to relegate matter to High Court after almost a decade of pendency — Preliminary objection rejected.

Aug 16, 2026 sclaw