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.
Consumer

Consumer Complaint – Deficiency of service or defect – Adverse reaction due to administration of vaccine Engerix-B – Non-mentioning of myositis being suffered as an adverse reaction in the literature accompanying the injection or on the vial not amounts to deficiency of service, more particularly when the adverse reaction was minimal only to the extent of 0.02 in one million – If the matter is looked at from its correct perspective it is seen that except for the appellant assuming that he has suffered myositis and the cause for the same was the Engerix-B vaccine being administered, the same has not been established with the minimal required evidence to conclude even on preponderance of probability – Complaint dismissed

Nov 1, 2023 sclaw

(2023) 11 SCALE 325 SUPREME COURT OF INDIA DIVISION BENCH PRAKASH BANG — Appellant Vs. GLAXO SMITHKLINE PHARMACEUTICALS LTD. AND ANOTHER — Respondent ( Before : A.S. Bopanna and Prashant…

Cr P C

Cr P C – Section 482 – Second petition – Maintainability – A second petition not maintainable under Section 482 Cr.P.C. on grounds that were available for challenge even at the time of filing of the first petition – Filing of the charge sheet and cognizance thereof by the Court concerned were well before the filing of the first petition under Section 482 Cr.P.C., wherein challenge was made only to the sanction order – That being so, the petitioner was not at liberty to again invoke the inherent jurisdiction of the High Court in relation to the charge sheet and the cognizance order at a later point of time.

Nov 1, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHISHAM LAL VERMA — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : C.T. Ravikumar And Sanjay Kumar, JJ. )…

Joint Family Property Maintenance

Constitution of India, 1950 – Article 142 – (CrPC) – S 125(3) – Maintenance to wife – Fails to comply with the order for payment of maintenance – Husband abandoned the wife, and virtually fled to Australia – Recovery of arrears of maintenance on the ground that she lives with her widowed mother, on whom she is dependent expenses. for including litigation expenses – This Court is not powerless, but can issue appropriate directions, and even decrees, for doing complete justice between the parties – In other words, the power under Article 142 is meant to supplement the existing legal framework – Directions issued for sale of joint/coparcenary property

Nov 1, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANMOHAN GOPAL — Appellant Vs. THE STATE OF CHHATTISGARH AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. )…

Constitution

Constitution of India, 1950 – Articles 15 (2), 17, 23 and 24 – Directions to Union of India and all the States and Union Territories to implement provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 – Union and States are duty bound to ensure that the practice of manual scavenging is completely eradicated – Directions issued

Nov 1, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. BALRAM SINGH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. )…

Bail Declined

Criminal Procedure Code, 1973 (CrPC) – Section 439 – Penal Code, 1860 (IPC) – Sections 120B, 201 and 420 – Prevention of Corruption Act, 1988 – Sections 7, 7A, 8 and 12 – Prevention of Money-Laundering Act, 2002 – Sections 3, 4 and 45 – Delhi Excise Policy Scam – Granting liquor licenses to traders in exchange for bribes – Bail denied – Detention or jail before being pronounced guilty of an offence should not become punishment without trial – If the trial gets protracted despite assurances of the prosecution, and it is clear that case will not be decided within a foreseeable time, the prayer for bail may be meritorious -Liberty to appellant to move a fresh application for bail in case of change in circumstances, or in case the trial is protracted and proceeds at a snail’s pace in three months.

Oct 31, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANISH SISODIA — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti, JJ. ) Criminal Appeal No.of…

Acquittal

Penal Code, 1860 (IPC)- Sections 302, 376, 511, 454, 380 read with Section 34 – Murder and attempt to rape – Order of acquittal reversed by High Court – Appeal – Double Presumption – Non-Examination of Material Witnesses – When a circumstance has been brought to the notice of the Court by the defense and the Court is convinced that a prosecution witness has been deliberately withheld, as it in all probability would destroy its version, it has to take adverse notice – Anything contrary to such an approach would be an affront to the concept of fair play – Appellant is entitled to the benefit of doubt as the prosecution has not proved its case beyond reasonable doubt – Conviction and sentence set-aside – Appeal allowed.

Oct 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARVINDER SINGH @ BACHHU — Appellant Vs. THE STATE OF HIMACHAL PRADESH — Respondent ( Before : M.M. Sundresh and J.B. Pardiwala, JJ. )…

Property Matters

Allotment of plot – Public auction – Defaults and failure to pay installment/balance payment – Earnest money paid by the respondent will be forfeited and will not be refunded – Rs.4,15,000/- (Rupees four lakhs fifteen thousand only), less the earnest money deposited by Respondent, will be refunded to him with simple interest at the rate of 8% per annum with effect from 01.01.2001

Oct 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAMMU DEVELOPMENT AUTHORITY — Appellant Vs. S. PARAMJEET SINGH AND ANOTHER — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti, JJ. ) Civil…

Constitution

Constitution of India, 1950 – Articles 15 (2), 17, 23 and 24 – Directions to Union of India and all the States and Union Territories to implement provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 – Union and States are duty bound to ensure that the practice of manual scavenging is completely eradicated

Oct 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. BALRAM SINGH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. )…

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