Supreme Court of India Judgements

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Stamp Act, 1899 — Section 9A (inserted by Indian Stamp (Bihar Amendment) Act, 1988) — Exemption of Stamp Duty — Cooperative Societies — Transfer of Premises to Members — Jharkhand Self-Supporting Cooperative Societies Act, 1996 — Section 5(7) — Conclusive Evidence — Mandating recommendation from Assistant Registrar, Cooperative Society, as a prerequisite for granting stamp duty exemption under Section 9A is illegal and ultra vires because the certificate of registration issued under Section 5(7) of the 1996 Act is conclusive proof of the society’s existence, rendering the additional requirement superfluous, unnecessary, and based on irrelevant consideration. (Paras 2.2, 3, 4, 11, 12, 13, 14, 15) General Provident Fund (Central Service) Rules, 1960 — Rules 5(5), 5(6), 33 and Note 2 to Rule 476(V) of Official Manual (Part V) — Interpretation — While Rules 5(5) and 5(6) read together do not automatically cancel a nomination where the subscriber fails to send a notice of cancellation and a fresh nomination — The express condition in the original nomination form stating it invalidates upon the subscriber acquiring a family renders the nomination void the moment the condition (marriage) occurs, triggering distribution under Rule 33(i)(b) to all family members in equal shares. (Paras 5, 7, 8) Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce — Cruelty — Irretrievable breakdown of marriage — Parties living separately for more than thirteen years (since 2012) without any meaningful effort at reconciliation — Relationship deeply embittered and acrimonious — High Court confirmed dissolution of marriage considering the welfare of the parties and their child — Supreme Court affirmed the decree of divorce, holding that perpetuating a legal bond long ceased to have substance would only prolong hostility and impede ability to move forward with dignity, confirming dissolution is in the interest of justice and welfare of all concerned. (Paras 4, 6, 7, 13) Constitution of India, 1950 — Articles 14, 21 — Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Substantive Equality and Inclusion — Scope and Spirit — The measure of a just society demands the removal of barriers for all citizens to realize their potential, transforming formal equality into substantive inclusion — Constitutional vision requires every person, regardless of physical or sensory limitation, to participate with dignity — Rights guaranteed to persons with disabilities are expressions of the constitutional promise of equality, dignity, and non-discrimination, not acts of benevolence. (Paras 1, 12, 13) Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against sitting/former legislators — Application must disclose reasons for withdrawal and records of the case must be before the High Court — Absence of requisite permission from the High Court means that the withdrawal application cannot be granted and the criminal proceedings cannot be quashed on this ground — High Court’s rejection of quashing petition confirmed. (Paras 2, 7, 9, 10)
Stamp Act

Stamp Act, 1899 — Section 9A (inserted by Indian Stamp (Bihar Amendment) Act, 1988) — Exemption of Stamp Duty — Cooperative Societies — Transfer of Premises to Members — Jharkhand Self-Supporting Cooperative Societies Act, 1996 — Section 5(7) — Conclusive Evidence — Mandating recommendation from Assistant Registrar, Cooperative Society, as a prerequisite for granting stamp duty exemption under Section 9A is illegal and ultra vires because the certificate of registration issued under Section 5(7) of the 1996 Act is conclusive proof of the society’s existence, rendering the additional requirement superfluous, unnecessary, and based on irrelevant consideration. (Paras 2.2, 3, 4, 11, 12, 13, 14, 15)

Dec 7, 2025 sclaw
Service

General Provident Fund (Central Service) Rules, 1960 — Rules 5(5), 5(6), 33 and Note 2 to Rule 476(V) of Official Manual (Part V) — Interpretation — While Rules 5(5) and 5(6) read together do not automatically cancel a nomination where the subscriber fails to send a notice of cancellation and a fresh nomination — The express condition in the original nomination form stating it invalidates upon the subscriber acquiring a family renders the nomination void the moment the condition (marriage) occurs, triggering distribution under Rule 33(i)(b) to all family members in equal shares. (Paras 5, 7, 8)

Dec 7, 2025 sclaw
Stamp Act, 1899 — Section 9A (inserted by Indian Stamp (Bihar Amendment) Act, 1988) — Exemption of Stamp Duty — Cooperative Societies — Transfer of Premises to Members — Jharkhand Self-Supporting Cooperative Societies Act, 1996 — Section 5(7) — Conclusive Evidence — Mandating recommendation from Assistant Registrar, Cooperative Society, as a prerequisite for granting stamp duty exemption under Section 9A is illegal and ultra vires because the certificate of registration issued under Section 5(7) of the 1996 Act is conclusive proof of the society’s existence, rendering the additional requirement superfluous, unnecessary, and based on irrelevant consideration. (Paras 2.2, 3, 4, 11, 12, 13, 14, 15)
Stamp Act
Stamp Act, 1899 — Section 9A (inserted by Indian Stamp (Bihar Amendment) Act, 1988) — Exemption of Stamp Duty — Cooperative Societies — Transfer of Premises to Members — Jharkhand Self-Supporting Cooperative Societies Act, 1996 — Section 5(7) — Conclusive Evidence — Mandating recommendation from Assistant Registrar, Cooperative Society, as a prerequisite for granting stamp duty exemption under Section 9A is illegal and ultra vires because the certificate of registration issued under Section 5(7) of the 1996 Act is conclusive proof of the society’s existence, rendering the additional requirement superfluous, unnecessary, and based on irrelevant consideration. (Paras 2.2, 3, 4, 11, 12, 13, 14, 15)
General Provident Fund (Central Service) Rules, 1960 — Rules 5(5), 5(6), 33 and Note 2 to Rule 476(V) of Official Manual (Part V) — Interpretation — While Rules 5(5) and 5(6) read together do not automatically cancel a nomination where the subscriber fails to send a notice of cancellation and a fresh nomination — The express condition in the original nomination form stating it invalidates upon the subscriber acquiring a family renders the nomination void the moment the condition (marriage) occurs, triggering distribution under Rule 33(i)(b) to all family members in equal shares. (Paras 5, 7, 8)
Service
General Provident Fund (Central Service) Rules, 1960 — Rules 5(5), 5(6), 33 and Note 2 to Rule 476(V) of Official Manual (Part V) — Interpretation — While Rules 5(5) and 5(6) read together do not automatically cancel a nomination where the subscriber fails to send a notice of cancellation and a fresh nomination — The express condition in the original nomination form stating it invalidates upon the subscriber acquiring a family renders the nomination void the moment the condition (marriage) occurs, triggering distribution under Rule 33(i)(b) to all family members in equal shares. (Paras 5, 7, 8)
Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce — Cruelty — Irretrievable breakdown of marriage — Parties living separately for more than thirteen years (since 2012) without any meaningful effort at reconciliation — Relationship deeply embittered and acrimonious — High Court confirmed dissolution of marriage considering the welfare of the parties and their child — Supreme Court affirmed the decree of divorce, holding that perpetuating a legal bond long ceased to have substance would only prolong hostility and impede ability to move forward with dignity, confirming dissolution is in the interest of justice and welfare of all concerned. (Paras 4, 6, 7, 13)
Matrimonial
Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce — Cruelty — Irretrievable breakdown of marriage — Parties living separately for more than thirteen years (since 2012) without any meaningful effort at reconciliation — Relationship deeply embittered and acrimonious — High Court confirmed dissolution of marriage considering the welfare of the parties and their child — Supreme Court affirmed the decree of divorce, holding that perpetuating a legal bond long ceased to have substance would only prolong hostility and impede ability to move forward with dignity, confirming dissolution is in the interest of justice and welfare of all concerned. (Paras 4, 6, 7, 13)
Constitution of India, 1950 — Articles 14, 21 — Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Substantive Equality and Inclusion — Scope and Spirit — The measure of a just society demands the removal of barriers for all citizens to realize their potential, transforming formal equality into substantive inclusion — Constitutional vision requires every person, regardless of physical or sensory limitation, to participate with dignity — Rights guaranteed to persons with disabilities are expressions of the constitutional promise of equality, dignity, and non-discrimination, not acts of benevolence. (Paras 1, 12, 13)
Constitution
Constitution of India, 1950 — Articles 14, 21 — Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Substantive Equality and Inclusion — Scope and Spirit — The measure of a just society demands the removal of barriers for all citizens to realize their potential, transforming formal equality into substantive inclusion — Constitutional vision requires every person, regardless of physical or sensory limitation, to participate with dignity — Rights guaranteed to persons with disabilities are expressions of the constitutional promise of equality, dignity, and non-discrimination, not acts of benevolence. (Paras 1, 12, 13)
I P C Murder

(IPC) – Sections 302 and 149 – Murder – Non-recovery of the weapons cannot be a ground to discard the evidence of the injured eye witnesses -HELD in order to make culpable homicide as murder the act by which death is caused should fall not only under any one or more of clauses firstly to fourthly under Section 300, IPC but they should also not fall under any of the five exceptions to Section 300, IPC –

Oct 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GURMAIL SINGH AND ANOTHER — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia, JJ.…

Education

Education – Provisional admission to post-graduate medical courses – Schedule for admission to the post-graduate medical courses must be followed strictly leaving no discretion to any authority to permit admissions over the cut-off date under schedule for admission to post-graduate medical courses

Oct 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA — Appellant Vs. DR. PRIYAMBADA SHARMA AND OTHERS — Respondent ( Before : Ajay…

Accident

Motor Vehicles Act, 1988 – Sections 166 and 168 – Death in accident – Enhancement of compensation – While awarding the loss of dependency, the High Court has not awarded/considered the future prospects at all – also erred in reducing the interest from 9% p.a. to 6% p.a. entitled to 7.5 per cent interest p a.

Oct 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SARUP SINGH @ RAM SARUP — Appellant Vs. HDFC ERGO GENERAL INSURANCE COMPANY LTD. AND ORS. — Respondent ( Before : M.R. Shah and…

Land Acquisition

Land Acquisition Act, 1894 – Section 4 – Acquisition of land – Determination of compensation – Most of the sale deeds relied upon by the landowners are much prior to the date of Section 4 notification (ranging between 1992 to 1994) – Original landowners/claimants shall be entitled to the compensation considering the market value of the acquired land at Rs. 1,000/- per square yard.

Oct 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RADHEY SHAM — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Rent State Laws

Madhya Pradesh Accommodation Control Act, 1961 – Section 13(6) – Striking off defence – Defence was struck off on non-deposit/payment of the balance amount of GST, which is now deposited – same deposited – striking off the defence of the appellant is quashed and the appellant is permitted to defend the eviction suit/suit

Oct 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. FASHION WORLD — Appellant Vs. BANSHIDHAR MULTI BUILDERS PVT. LTD. — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Cr P C I P C

(IPC) – Section 499 – Defamation – Private Complaint by Minister/Public Servant – essential ingredient of Section 499 is that the imputation made by the accused should have the potential to harm the reputation of the person against whom the imputation is made – HELD statements such as “I will expose you”, “I will expose your corrupt practices” and “I will expose the scam in which you are involved, etc.” are not by themselves defamatory unless there is something more.

Oct 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANOJ KUMAR TIWARI — Appellant Vs. MANISH SISODIA AND OTHERS — Respondent ( Before : S. Abdul Nazeer and V. Ramasubramanian, JJ. ) Criminal…

Specific Performance

Suit for specific performance of agreement to sell – Limitation had started running from the date the respondent noticed that the performance was refused by the appellant and not from the date of the execution of agreement in question – the compliance of “readiness and willingness” has to be in spirit and substance and not in letter and form, while making averments in the plaint. As per the Explanation (i) to Section 16(c), Specific Relief Act, 1963 – he need not tender to the defendant or deposit the amount in the court, but he must aver performance of, or readiness and willingness to perform the contract according to its true construction.

Oct 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. DAIVASIGAMANI — Appellant Vs. S. S AMBANDAN — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ. ) Civil Appeal No.…

You missed

Stamp Act

Stamp Act, 1899 — Section 9A (inserted by Indian Stamp (Bihar Amendment) Act, 1988) — Exemption of Stamp Duty — Cooperative Societies — Transfer of Premises to Members — Jharkhand Self-Supporting Cooperative Societies Act, 1996 — Section 5(7) — Conclusive Evidence — Mandating recommendation from Assistant Registrar, Cooperative Society, as a prerequisite for granting stamp duty exemption under Section 9A is illegal and ultra vires because the certificate of registration issued under Section 5(7) of the 1996 Act is conclusive proof of the society’s existence, rendering the additional requirement superfluous, unnecessary, and based on irrelevant consideration. (Paras 2.2, 3, 4, 11, 12, 13, 14, 15)

Dec 7, 2025 sclaw
Service

General Provident Fund (Central Service) Rules, 1960 — Rules 5(5), 5(6), 33 and Note 2 to Rule 476(V) of Official Manual (Part V) — Interpretation — While Rules 5(5) and 5(6) read together do not automatically cancel a nomination where the subscriber fails to send a notice of cancellation and a fresh nomination — The express condition in the original nomination form stating it invalidates upon the subscriber acquiring a family renders the nomination void the moment the condition (marriage) occurs, triggering distribution under Rule 33(i)(b) to all family members in equal shares. (Paras 5, 7, 8)

Dec 7, 2025 sclaw
Matrimonial

Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce — Cruelty — Irretrievable breakdown of marriage — Parties living separately for more than thirteen years (since 2012) without any meaningful effort at reconciliation — Relationship deeply embittered and acrimonious — High Court confirmed dissolution of marriage considering the welfare of the parties and their child — Supreme Court affirmed the decree of divorce, holding that perpetuating a legal bond long ceased to have substance would only prolong hostility and impede ability to move forward with dignity, confirming dissolution is in the interest of justice and welfare of all concerned. (Paras 4, 6, 7, 13)

Dec 7, 2025 sclaw
Constitution

Constitution of India, 1950 — Articles 14, 21 — Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Substantive Equality and Inclusion — Scope and Spirit — The measure of a just society demands the removal of barriers for all citizens to realize their potential, transforming formal equality into substantive inclusion — Constitutional vision requires every person, regardless of physical or sensory limitation, to participate with dignity — Rights guaranteed to persons with disabilities are expressions of the constitutional promise of equality, dignity, and non-discrimination, not acts of benevolence. (Paras 1, 12, 13)

Dec 4, 2025 sclaw