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.
Service Matters
Service

Armed Forces Tribunal Act, 2007 – Sections 14 and 31(1) – Formation of policy – Jurisdiction – A Tribunal functioning within the strict boundaries of the governing legislation, would not have the power to direct the formation of a policy – it cannot be questioned that disputes in respect of promotions and/or filling up of vacancies is within the jurisdiction of the Tribunal, it cannot direct those responsible for making policy, to make a policy in a particular manner.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. AIR COMMODORE NK SHARMA (17038) ADM/LGL — Respondent ( Before : Abhay S. Oka and Sanjay…

Food Safety and Standards Act

Food Safety and Standards Act, 2006 – Sections 52 and 89 – Prevention of Food Adulteration Act, 1954 – Section 16 – Penalty for misbranded food – Punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy – in such a situation, in view of the overriding effect given to the provisions of the FSSA, the violator who indulges in misbranding cannot be punished under the PFA and he will be liable to pay penalty under the FSSA in accordance with Section 52 thereof.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANIK HIRU JHANGIANI — Appellant Vs. STATE OF M.P. — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal Appeal…

Service Matters
Service

Service Law – Transfer Order – A person aggrieved by the order of transfer cannot sit at home and decide on his own that the order is illegal or erroneous and he will not comply with the same – If the workman had any grievance, he could have availed of his remedy available against the same; otherwise, he was duty-bound to comply with the same

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH U.P. SINGH — Appellant Vs. PUNJAB NATIONAL BANK — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. ) Civil Appeal No. 5494…

Arbitration Contract Act Stamp Act

Stamp Act, 1899 – Section 35 – Contract Act 1872 – Section 2(g) – Arbitration and Conciliation Act 1996 – Sections 8 and 11 – Arbitration – Enforceability of Unstamped Agreements – Unstamped Arbitration Agreements Not Void – Agreements which are not stamped or are inadequately stamped are inadmissible in evidence under Section 35 of the Stamp Act – Such agreements are not rendered void or void ab initio or unenforceable

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA SEVEN JUDGE BENCH IN RE: INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT 1996 AND THE INDIAN STAMP ACT 1899 ( Before : Dr…

Acquittal

Penal Code, 1860 (IPC) – Section 304-Part II – Culpable homicide not amounting to murder – The appellant is entitled to an acquittal as the prosecution cannot prove beyond reasonable doubt that the accusation of culpable homicide is not murder – HELD If the evidence is inseparable and attempting to separate it would destroy the prosecution’s foundation, the court can discard the entire evidence – The court must assess the evidence on record, considering the legal limits of separating the evidence and determining if the evidence is sufficient to prove guilt.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH SEKARAN — Appellant Vs. THE STATE OF TAMIL NADU — Respondent ( Before : B.R. Gavai, Dipankar Datta and Aravind Kumar, JJ. ) Criminal…

Service Matters
Service

Service Law – Merging of staff from one department to another – Order for merging Adult Education Department staff into Education Department, providing category-wise seniority – The High Court ruled that merging cadres is a policy decision and cannot be interfered with -The State’s actions have been delayed by promotions and retirements, resulting in a lack of service for many – The High Court’s judgment is upheld, and the appeals are dismissed.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAFFUL SHUKLA AND OTHERS — Appellant Vs. GOVERNMENT OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Limitation

Jogighopa (Assam) Unit of Ashok Paper Mills Limited (Acquisition Transfer of Undertaking) Act, 1990, is not governed by the prescription of limitation under Article 116 of the Limitation Act, 1963 – In the absence of any particular period of time being prescribed to file an appeal, the same would be governed by the principle of ‘reasonable time’, for which, by virtue of its very nature, no straitjacket formula can be laid down and it is to be determined as per the facts and

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S NORTH EASTERN CHEMICALS INDUSTRIES (P) LTD. AND ANOTHER — Appellant Vs. M/S ASHOK PAPER MILL(ASSAM) LTD. AND ANOTHER — Respondent ( Before :…

I P C

Multiplicity of proceedings will not be in the larger public interest and State also – It appropriate to exercise power conferred under Article 142 of the Constitution of India to accede to the relief claimed to the extent of consolidation of the FIRs registered in the State of Madhya Pradesh for being tried together as one trial as far as possible.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMANAT ALI — Appellant Vs. STATE OF KARNATAKA AND OTHERS — Respondent ( Before : B.R. Gavai and Aravind Kumar, JJ. ) Writ Petition…

State Laws

West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994 – Section 8A – Cancellation of caste certificate – Jurisdiction of State Scrutiny Committee – HELD the fact remains that it being a procedural law and the matter being still pending before the Committee to be decided on merits after it had opined that the Committee had jurisdiction to deal with even the cases of caste certificate, it could very well be examined by the Committee at this stage – In the view of that matter, it should have been sent back to the Committee only

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S DARVELL INVESTMENT AND LEASING (INDIA) PVT. LTD. AND OTHERS — Appellant Vs. THE STATE OF WEST BENGAL AND OTHERS — Respondent ( Before…

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