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.
Narcotics Uncategorized

Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 18 – Appeal against conviction – An appeal against conviction could not have been treated as infructuous merely for the reason that the convicted appellant had served out the sentence awarded by the Trial Court in any case, the appeal could not have been dismissed as infructuous – Appeal remanded

Sep 28, 2023 sclaw

2022) 1 ApexCourtJudgments(SC) 394 : (2022) 1 CriCC 387 : (2022) 1 RCR(Criminal) 119 SUPREME COURT OF INDIA DIVISION BENCH GURJANT SINGH — Appellant Vs. THE STATE OF PUNJAB —…

Acquittal

Penal Code, 1860 (IPC) – Section 302 – Murder – Acquittal – Judgment of acquittal can be reversed by the Appellate Court only when there is perversity and not by taking a different view on reappreciation of evidence – If the conclusion of the Trial Court is plausible one, merely because another view is possible on reappreciation of evidence, the Appellate Court should not disturb the findings of acquittal and substitute its own findings to convict the accused – Conviction and sentence set-aside – Appeal allowed.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RUPESH MANGER (THAPA) — Appellant Vs. STATE OF SIKKIM — Respondent ( Before : J.B. Pardiwala and Prashant Kumar Mishra, JJ. ) Criminal Appeal…

Service Matters
Service

Service Law – Benefit of revised pay scales – There is no reason why the appellants should be denied the same relief, especially when even as of 7th January 2014, the same benefit was granted to the similarly placed employees – Direction to State Government to extend the benefits under the Government Order dated 15th November 1999 to the appellants within a period of three months.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH B.C. NAGARAJ AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal,…

Constitution

Restoration of Review application – No litigant should be permitted to be so lethargic and apathetic much less should be permitted to misuse the process of law – High Court had committed gross error in allowing such vexatious applications and that too without assigning any reason.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VASANT NATURE CURE HOSPITAL AND PRATIBHA MATERNITY HOSPITAL TRUST AND OTHERS — Appellant Vs. UKAJI RAMAJI-SINCE DECEASED THROUGH HIS LEGAL HEIRS AND ANOTHER —…

Acquittal

When there is similar or identical evidence of eyewitnesses against two accused by ascribing them the same or similar role, the Court cannot convict one accused and acquit the other – In such a case, the cases of both the accused will be governed by the principle of parity – This principle means that the Criminal Court should decide like cases alike, and in such cases, the Court cannot make a distinction between the two accused, which will amount to discrimination – Conviction and sentence set-aside – Appeal allowed.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAVED SHAUKAT ALI QURESHI — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal…

Accident

Whether a person holding a driving licence in respect of a “light motor vehicle” could on the strength of the licence be entitled to drive a “transport vehicle of light motor vehicle class” having unladen weight not exceeding 7500 kgs – Any change in the position of law as expressed in Mukund Dewangan v. Oriental Insurance Company Limited, (2017) 14 SCC 663 would undoubtedly have an impact on persons who have obtained insurance relying on the law declared by this Court and who may be driving commercial vehicles with LMV licences – A large number of persons would be dependent on the sector for earning their livelihood HELD entire matter is evaluated by the Government before this Court embarks upon the interpretative exercise. Two months time granted

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LIMITED — Appellant Vs. RAMBHA DEVI AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI.,…

Murder

Penal Code, 1860 (IPC) – Sections 302 and 114 – Murder with knife blows – Even if in the opinion of the autopsy surgeon there was mismatch of the knife with the injuries caused, the doctor’s evidence cannot eclipse ocular evidence – An eyewitness to a gruesome killing cannot in deposition narrate blow by blow account of the knife strikes inflicted on the deceased like in a screenplay – Exaggerated devotion to rule of benefit of doubt must not nurture fanciful doubts letting guilty escape is not doing justice, according to law – Conviction and sentence upheld – Appeal dismissed.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMESHJI AMARSING THAKOR — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : Aniruddha Bose and Bela M. Trivedi, JJ. ) Criminal Appeal…

Constitution

HELD The basis of the appeals which question the jurisdiction of the Lok Adalat, directing a closure has since been overtaken by the subsequent developments in terms of which the slaughter house has been closed. The closure is not in pursuance of the direction of the Lok Adalat, but in exercise of the statutory jurisdiction of the Rajasthan Pollution Control Board.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH PANCHAYAT QURESHIAN AND ANOTHER — Appellant Vs. STATE OF RAJASTHAN AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Pamidighantam Sri…

I B C

IBC 2016 – HELD inclined to give chance to the respondent No.1 in the given facts of the case but would not like the proceedings to drag on under the pretext of the OTS given by the respondent No.1., as it would be the objective of the Court to have a quick resolution with the aspect of insolvency or revival. if the OTS is not accepted, the appellant will be free to declare the results of the e-voting qua all the proposals.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH R. RAGHAVENDRAN — Appellant Vs. C. RAJA JOHN AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Sudhanshu Dhulia, JJ. ) Civil…

Constitution

Direction to frame guidelines on media briefings by police – Nature of the disclosure which is made by the police in the course of media briefings should be objective in nature and should not consist of a subjective opinion pre-judging the guilt of the accused – Union Ministry of Home Affairs should prepare a comprehensive manual on media briefings by police personnel – Organisations representing the print and electronic media should also be consulted.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH PEOPLE’S UNION FOR CIVIL LIBERTIES AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y…

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