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 Education

Constitution of India, 1950 — Article 19(1)(a) and Article 21A — Right to education — Medium of instruction — Freedom of speech and expression includes the right to receive information in a comprehensible manner — Education must be imparted in a language that the child understands best — Right to primary education in a language of choice is part of freedom of speech and expression — State cannot impose controls on such choice.

May 14, 2026 sclaw

2026 INSC 476 SUPREME COURT OF INDIA DIVISION BENCH PADAM MEHTA AND ANOTHER Vs. STATE OF RAJASTHAN AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Civil…

Accident

Motor Vehicles Act, 1988 — Compensation — Enhancement — Deceased was an engineering student with good academic record and potential future earnings — High Court enhanced compensation but it was found to be on the lower side — The Supreme Court assessed the monthly income at Rs. 12,000/-, added 40% for future prospects, deducted half for personal expenses, and applied a multiplier of 18 — Compensation under conventional heads was also enhanced — The motorcycle damage was awarded as per the surveyor’s report.

May 14, 2026 sclaw

2026 INSC 477 SUPREME COURT OF INDIA DIVISION BENCH MOHINDER KAUR (D) THROUGH L.R. Vs. BRIJ LAL ARORA AND OTHERS ( Before : S.V.N. Bhatti and Vijay Bishnoi, JJ. )…

Service Matters
Service

. Canara Bank Officer Employees’ (Discipline and Appeal) Regulations, 1976 — Regulation 10 — Common Proceedings — The word “may” in Regulation 10, which empowers the competent authority to direct common disciplinary proceedings against multiple employees, is directory and not mandatory — This interpretation allows for discretion to be exercised by the employer based on the circumstances and the varying roles of the employees involved — The failure to hold a joint inquiry does not automatically vitiate individual disciplinary proceedings.

May 14, 2026 sclaw

2026 INSC 478 SUPREME COURT OF INDIA DIVISION BENCH CANARA BANK Vs. PREM LATHA UPPAL (DEAD) THROUGH LRS. ( Before : S.V.N. Bhatti and Vijay Bishnoi, JJ. ) Civil Appeal…

I B C

Insolvency and Bankruptcy Code, 2016 — Section 61 — Appeal against NCLT order — Requirement of certified copy of impugned order — Rules for filing appeal before NCLAT — Presentation of appeals under Rule 22 of NCLAT Rules, 2016 — Appeal must be accompanied by a certified copy of impugned order — Applying for certified copy before expiry of limitation period is crucial for excluding time taken to procure it — Failure to file certified copy or obtain exemption renders appeal incompetent — NCLAT wrongly condoned delay in filing and refiling appeal without ensuring compliance with essential requirements.

May 14, 2026 sclaw

2026 INSC 479 SUPREME COURT OF INDIA DIVISION BENCH ANGELWOODS APARTMENT ALLOTTEES ASSOCIATION Vs. M LALITHA AND ANOTHER ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Civil…

Land Acquisition National Highways Authority Act

National Highways Act, 1956 — Section 3A(1) and 3G(1) — Compensation — Applicability of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 LA Act) — Held that provisions of 2013 LA Act regarding determination of compensation apply to land acquisition under NH Act.

May 14, 2026 sclaw

2026 INSC 480 SUPREME COURT OF INDIA DIVISION BENCH PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. ALFA REMIDIS LTD. AND OTHERS ( Before : Sanjay Kumar and K. Vinod…

Cr P C

. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings — High Court’s power to quash — Allegations in complaint, even if taken at face value, do not prima facie constitute any offence or make out a case against the accused — High Court failed to exercise its power under Section 482 CrPC

May 14, 2026 sclaw

2026 INSC 481 SUPREME COURT OF INDIA DIVISION BENCH NARAYANA HEALTH AND OTHERS Vs. THE STATE OF WEST BENGAL AND OTHERS ( Before : Pamidighantam Sri Narasimha and Alok Aradhe,…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Investigation and Chargesheet Filing — Interim order restraining police from filing chargesheet is unsustainable if based on misinterpretation of law regarding High Court’s power under Article 226 and Section 528 of BNSS — Investigation may continue, but further steps depend on legal applicability of quashing provisions.

May 14, 2026 sclaw

2026 INSC 482 SUPREME COURT OF INDIA DIVISION BENCH SHRIKANT OJHA Vs. STATE OF UP AND OTHERS ( Before : J.K. Maheshwari and Atul S. Chandurkar, JJ. ) Criminal Appeal…

Constitution

Supreme Court Rules, 2013 — Order 12 Rule 3 — Correction of clerical or arithmetical mistakes or errors from accidental slip or omission — Application seeking clarification and correction regarding variance between dictated order and signed order — Held, Apex Court dismissed the application as not maintainable in law and on merits — Digitally signed order uploaded on the website is the final order — Miscellaneous applications in disposed of matters are maintainable only for correcting clerical or arithmetical errors or when the order is executory and impossible to implement due to subsequent events.

May 14, 2026 sclaw

2026 INSC 483 SUPREME COURT OF INDIA DIVISION BENCH FAKIR MAMAD SULEMAN SAMEJA AND OTHERS Vs. ADANI PORTS AND SPECIAL ECONOMIC ZONES LTD. AND OTHERS ( Before : J.K. Maheshwari…

Cr P C

Criminal Procedure Code, 1973 — Section 161 — Evidence Act, 1872 — Section 157 and 145 — Hostile Witness — Evidence of a hostile witness remains admissible and can be accepted to the extent that their version is found dependable on careful scrutiny, and can be used to acquit the accused if it inspires credibility when read with other evidence — Such evidence can be employed to discredit the prosecution case.

May 14, 2026 sclaw

2026 INSC 486 SUPREME COURT OF INDIA DIVISION BENCH TALARI NARESH Vs. THE STATE OF TELANGANA ( Before : Prashant Kumar Mishra and N.V. Anjaria, JJ. ) Criminal Appeal No…..of…

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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