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.
Constitution

A medical termination of the pregnancy cannot be permitted because it has crossed the statutory limit of twenty-four weeks – Neither of the two reports submitted by the Medical Boards indicates that a termination is immediately necessary to save the life of the petitioner, in terms of Section 5 – If a medical termination were to be conducted at this stage, the doctors would be faced with a viable foetus – Delivery will be conducted by AIIMS at the appropriate time – Union Government has undertaken to pay all the medical costs for the delivery and incidental to it.

Oct 18, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH X — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., J B Pardiwala and Manoj…

Service Matters
Service

Dismissal of candidature as Assistant Engineer he was colour blind – Colour vision deficiency is neither impairment of vision and in that sense falling within the disability spectrum calling for treatment under the Rights of Persons with Disabilities Act, 2016 nor is it of such condition as to bar sufficiently qualified persons’ entitlement to be employed in an organization that can accommodate educational attainments and talents – HELD Corporation is directed to appoint and continue the appellant in its service, as AE (Electrical) at the appropriate stage of the grade of pay, from the date he was terminated from service, or his appointment was cancelled

Oct 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHAMED IBRAHIM — Appellant Vs. THE CHAIRMAN AND MANAGING DIRECTOR AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ.…

Direct Taxation Income Tax Act

Income Tax Act, 1961 – Section 35ABB – Expenditure for obtaining licence to operate telecommunication services – Payment of entry fee as well as the variable annual licence fee paid by the respondents-assessees to the DoT under the Policy of 1999 are capital in nature and may be amortised in accordance with Section 35ABB of the Act – Consequence of non-payment would result in ouster of the licensee from the trade – Thus, this is a payment which is intrinsic to the existence of the licence as well as trade itself. Such a payment has to be treated or characterized as capital only.

Oct 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH C.I.T., DELHI — Appellant Vs. BHARTI HEXACOM LTD. — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. ) Civil Appeal No(S). 11128,…

Corporate

Advocates Act, 1961 – Sections 16 and 23(5) – – Classification of advocates and the mechanism to grant seniority to advocates is not based on any arbitrary, artificial or evasive grounds – Such a classification is a creation of the legislature, and there is a general presumption of constitutionality, and the burden is on the petitioners to show that there is a clear transgression of the constitutional principles – something which they have miserably failed to discharge

Oct 18, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH MATHEWS J. NEDUMPARA AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, C.T. Ravikumar and…

Electricity Act

Electricity Act, 2003 – Section 86(1)(a) read with Section 62 – Recovery of deductions of monthly tariff – Dispute inter se the parties is in the nature of a contractual dispute – Normally, costs must go with the succeeding party in case of a contractual dispute – This is more so where one party repeatedly seeks to evade the rigors of the orders

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH NABHA POWER LIMITED — Appellant Vs. PUNJAB STATE POWER CORPORATION LIMITED — Respondent ( Before : Sanjay Kishan Kaul, Sudhanshu Dhulia and Aravind Kumar,…

C P C

In a suit filed for partition, the courts must endeavour to comprehensively adjudicate and decide the right entitlement and share of the parties in the same proceeding and must avoid multiplicity of proceedings or relegating parties to a fresh round of litigation – Partial adjudication in the circumstance of the case is erroneous and ought to have been avoided – Matter remitted to Learned Single Judge of High Court

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VIKRANT KAPILA AND ANOTHER — Appellant Vs. PANKAJA PANDA AND OTHERS — Respondent ( Before : Aniruddha Bose and S.V.N. Bhatti, JJ. ) Civil…

Cheque Dishonour

Dishonour of cheque – Quashing of complaint – Merely because somebody is managing the affairs of the company, per se, he would not become in charge of the conduct of the business of the company or the person responsible to the company for the conduct of the business of the company – Person liable is in charge of and was responsible to the company for the conduct of the business of the company – Complaint quashed

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SIBY THOMAS — Appellant Vs. M/S. SOMANY CERAMICS LTD. — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. ) Criminal Appeal No.…

I P C

Penal Code, 1860 (IPC) – Sections 148, 149, 302 and 307 – Explosive Substance Act, 1908 – Sections 4 and 5 – Murder – Accused with 11 persons attacked with country made bombs as also Laathis and tabbal – Deceased received multiple injuries and eventually succumbed while receiving the treatment he was died – Deceased was a history-sheeter and had scores of criminal cases pending against him or cases in which he was involved – Simply because the deceased had a chequered past which constituted several run-ins with the law, Courts cannot give benefit thereof, particularly when such claims are bald assertions, to those accused of committing such a person’s murder – Conviction and sentence upheld – Appeal dismissed.

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KAMAL PRASAD AND OTHERS — Appellant Vs. THE STATE OF MADHYA PRADESH (NOW STATE OF CHHATTISGARH) — Respondent ( Before : Abhay S. Oka…

Matrimonial

Irretrievable breakdown of marriage – Divorce – Husband was about 89 years old and wife aged about 82 years – One should not be oblivious to the fact that the institution of marriage occupies an important place and plays an important role in the society – it would not be desirable to accept the formula of “irretrievable break down of marriage” as a strait-jacket formula for the grant of relief of divorce under Article 142 of the Constitution of India – Appeal dismissed.

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. NIRMAL SINGH PANESAR — Appellant Vs. MRS. PARAMJIT KAUR PANESAR @AJINDER KAUR PANESAR — Respondent ( Before : Aniruddha Bose and Bela M.…

Tenders & Contracts

Work Agreement – Payments and Advances – Payment has to be made in the foreign currency only along with computed interest – It would be open for the parties to pay and the other parties claiming to accept the Indian currency either at the current rate or at the agreed rate but this Court cannot meddle with the terms of the agreement or the award or the directions contained in the judgment of this Court dated 24.02.2015.

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL PROJECTS CONSTRUCTION CORPORATION LIMITED — Appellant Vs. ROYAL CONSTRUCTION COMPANY PRIVATE LTD. — Respondent ( Before : Aniruddha Bose and Vikram Nath, 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