Latest Post

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.

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.

Income Tax Act, 1961 – Sections 143(1)(a) and 143(3) – Jurisdiction of AO to assess or reassess the ‘total income’ – Once during search undisclosed income is found on unearthing the incriminating material during the search, the AO would assume jurisdiction to assess or reassess the total income even in case of completed/unabated assessments.

SUPREME COURT OF INDIA DIVISION BENCH PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-3 — Appellant Vs. ABHISAR BUILDWELL P. LTD. — Respondent ( Before : M.R. Shah and Sudhanshu Dhulia, JJ.…

(CrPC) – Section 482 – Penal Code, 1860 (IPC) – Section 147, 148, 149, 452, 324, 307, 342 and 506 – Quashing of FIR – the irresistible conclusion to be drawn by this court is to accept the report of the jurisdictional police where under they have arrived at a conclusion that incident projected by the complainant appears to be false, and thereby the proceedings against the appellant deserves to be quashed – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH RITU TOMAR — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and Aravind Kumar, JJ. ) Criminal Appeal…

(IPC) – Sections 302, 397 and 450 – Murder – Conviction and sentence – identification of the accused by the witnesses present but also their apprehension and arrest, apart from seizure of the stolen gold ornaments and cash from their possession, it is amply clear that there was no time or possibility for the police to hoist a false case upon them

SUPREME COURT OF INDIA DIVISION BENCH DAKKATA BALARAM REDDY AND ANOTHER — Appellant Vs. STATE OF ANDHRA PRADESH AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar,…

(IPC) – Sections 302, 364A, 201, read with Section 120B – Kidnapping for ransom and murder – In view of the totality of the facts and circumstances, and for the reasons, this court is of the opinion that it would be appropriate to modify the sentence awarded to both appellants to a minimum term of 20 years actual imprisonment – Appeals partly allowed.

SUPREME COURT OF INDIA DIVISION BENCH VIKAS CHAUDHARY — Appellant Vs. THE STATE OF DELHI — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat, JJ. ) Criminal Appeal…

Rajasthan Industrial Areas Allotment Rules, 1959 – Rules 11A and 12 – Allotment of industrial land – There has been an uninterrupted and subsisting relationship of lessor and lessee between the State Government and either J.K. Synthetics Ltd. (JKSL) or Respondent No. 1, in the context of LIA, Kota. From the first lease deed executed in 1967, till date, the State Government has maintained the position of lessor

SUPREME COURT OF INDIA DIVISION BENCH BISHAMBHAR PRASAD — Appellant Vs. M/S ARFAT PETROCHEMICALS PVT. LTD. AND OTHERS — Respondent ( Before : Surya Kant and Vikram Nath, JJ. )…

Brutal rape and murder of a 14 year old girl – Rights of the victim and his family members are also to be considered – Sentence of life imprisonment for the whole of the biological life of the accused, without any benefit of remission deserves to be modified to the fixed term sentence for a period of 30 years without any benefit of remission so that prime period of his life is spent in jail – Appeal disposed of.

SUPREME COURT OF INDIA DIVISION BENCH KASHI NATH SINGH @ KALLU SINGH — Appellant Vs. THE STATE OF JHARKHAND — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Prevention of Money-laundering Act, 2002 – Section 3, 45 and 46 – Bail – Complaint filed by the E D gives a valid argument that the second condition found in Clause (ii) of sub-section (1) of Section 45 of PMLA is satisfied qua the appellant – Apprehension of the Enforcement Directorate that the appellant is a flight-risk and may go out of the country if released on bail, has to be taken care of by imposing appropriate conditions – Bail granted – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH SANJAY RAGHUNATH AGARWAL — Appellant @ HASH THE DIRECTORATE OF ENFORCEMENT — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal…

Registration of migrants/unorganized workers on eShram portal – being a welfare State, it is the duty of the concerned State/UT to see that the remaining registrants on eShram, who are still not registered on ration card data and who are not issued the ration cards, they are issued ration cards and the exercise for issuance of ration cards is required to be expediated

SUPREME COURT OF INDIA DIVISION BENCH IN RE PROBLEMS AND MISERIES OF MIGRANT LABOURERS ( Before : M.R. Shah and Ahsanuddin Amanullah, JJ. ) M.A. No. 94 of 2022 In…

You missed