Supreme Court of India Judgements

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Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy. Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum. Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month. Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant. Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.
Constitution

Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy.

Jul 2, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.

Jul 2, 2026 sclaw
Constitution
Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy.
Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.
I B C
Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.
Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.
Accident
Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.
Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.
Constitution

Reservation – Domicile quota in B.Ed colleges – reservation in favour of residents is permissible, yet reservation to the extent of 75% of the total seats makes it a wholesale reservation to be unconstitutional and violative of Article 14 of the Constitution of India

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VEENA VADINI TEACHERS TRAINING INSTITUTE (RUN BY VEENA VADINI SAMAJ KALYAN VIKASH SAMITI) — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent…

Acquittal Cr P C Waqf

(CrPC) – Ss 472 and 482 – Wakf Act, 1995 – Ss 3(ee) and 52A – Quashing of criminal complaint – Section 52A cannot cover cases where leases of wakf properties had expired in the past and where the tenant or lessee was, at the time the amendment of 2013 came into force, in physical possession and facing civil proceedings for eviction – Appeal allowed.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. V. NIDHISH AND OTHERS — Appellant Vs KERALA STATE WAKF BOARD AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and Dipankar…

Direct Taxation G S T

HELD that if there is any tax concession, it “can be withdrawn at any time and no time limit should be insisted upon before it was withdrawn” – the respondents shall approach the jurisdictional commissioner, and apply with documentary evidence within six weeks from the date of this judgment. The claim for refund/credit, shall be examined on their merits,

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. COSMO FILMS LIMITED — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. )…

Bail Granted Cr P C

HELD there is no bar against conducting further investigation under Section 173(8) of the CrPC after the final report submitted under Section 173(2) of the CrPC has been accepted – Prior to carrying out further investigation under Section 173(8) of the CrPC it is not necessary that the order accepting the final report should be reviewed, recalled or quashed – Further investigation is merely a continuation of the earlier investigation the accused has not be heard.

May 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE THROUGH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. HEMENDHRA REDDY AND ANOTHER. ETC. — Respondent ( Before : Surya Kant and J.B. Pardiwala,…

Service Matters
Service

HELD appellants had already got three promotions before they got themselves transferred to Kerala University. The salary drawn by them of the higher post was protected – special class of employees were already drawing salary of the higher post which in terms of the policy for inter-university transfer was protected, though they were placed at the bottom of the seniority at the entry level.

May 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. SASIKALA DEVI. P — Appellant Vs. THE STATE OF KERALA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Housing Property Matters

Enhancement clause clause does not talk about demand of additional price on account of any other factor specially the one raised in the present appeals, namely, on account of enhancement of compensation on account of acquisition of land for carving of the plots Held the price as negotiated between the parties is clearly mentioned in the letter of allotment and the same has to be read as part of the lease-cum-sale agreement – Appeal dismissed

May 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE BELGAUM URBAN DEVELOPMENT AUTHORITY — Appellant Vs. DHRUVA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. )…

Acquittal

HELD considering that the place of occurrence was an open place and the other circumstances (i.e. motive, disclosure, recovery and extra judicial confession) were not proved beyond reasonable doubt, shifting the burden on the accused to explain the circumstances in which the deceased sustained injuries, or to demonstrate that he parted company of the deceased, would not be justified – Appeal dismissed

May 2, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH STATE OF MADHYA PRADESH — Appellant Vs. PHOOLCHAND RATHORE — Respondent ( Before : Sanjay Kishan Kaul, Manoj Misra and Aravind Kumar, JJ. )…

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Constitution

Remission — Premature release of life convicts — Applicable policy — Conflict between Haryana’s 2002 Policy (dated 12.4.2002) and 2008 Policy (dated 13.8.2008) — Source of power — Held, the 2002 Policy, being in substance and effect referable to Article 161 of the Constitution of India (papers to be routed to the Governor for orders), is constitutional in origin, notwithstanding that it does not expressly recite the source of power — The 2008 Policy, by contrast, expressly invokes Sections 432 and 433 of the Code of Criminal Procedure, 1973 and makes the Chief Minister the deciding authority, and is thus statutory in character — A policy traceable to a statute cannot override or supersede the exercise of the constitutional power under Article 161, that power being distinct, independent and uninfluenced by any statutory power — The purported “supersession” of the 2002 Policy by the 2008 Policy is accordingly untenable in law qua convicts governed by the 2002 Policy — Appellant held entitled to the benefit of the more liberal 2002 Policy.

Jul 2, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Sections 7 and 14 — Corporate guarantee — Effect of demerger/amalgamation of corporate debtor — NCLT admission order under S. 7 relying on six judicial precedents to reject corporate guarantor’s plea that liability stood extinguished on demerger/amalgamation — NCLAT dismissing appeal and reproducing the same precedents — On independent verification by Supreme Court, found that of the six citations, one carried a wrong citation of an existing but different judgment together with a non-existent paragraph, three were altogether non-existent citations, and two, though correctly cited, contained paragraphs not traceable to the actual reported judgments — Held, the citations relied upon by NCLT were fake, non-existent or hallucinated, apparently AI-generated, and NCLAT failed to detect the fabrication — Orders of NCLT dated 28.08.2024 and NCLAT dated 11.09.2025 set aside — Section 7 application restored to its original number for fresh disposal strictly on merits, without expression of any opinion by the Supreme Court — NCLT directed to dispose of the application expeditiously, preferably within two weeks, with parties to maintain status quo in the interregnum.

Jul 2, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.

Jun 26, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.

Jun 26, 2026 sclaw