Supreme Court of India Judgements

47285Judgements hosted as on 19/07/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Top Tags

Latest Post

Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy. Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside. Railways Act, 1989 — Sections 123(c)(2) and 124A — Compensation on account of untoward incidents — ‘No-fault’ liability — Accidental falling of a passenger from a running train constitutes an “untoward incident” — Liability under S. 124A arises irrespective of wrongful act, neglect or default of the Railway Administration, subject only to statutory exceptions such as suicide, self-inflicted injury or the passenger’s own criminal act — Provision held to be beneficial and welfare-oriented in nature. Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed. Criminal Procedure Code, 1973 (CrPC) — Section 299 — Record of evidence in absence of accused — Scope and applicability — Exception to the rule that a witness must be examined in presence of the accused and to the principle under S. 33, Evidence Act — Being an exception, all prescribed conditions must be strictly complied with — Deposition recorded in absence of an absconding accused admissible against him upon arrest, if deponent is dead, incapable of giving evidence, cannot be found, or cannot be produced without unreasonable delay, expense or inconvenience.
Constitution

Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.

Jul 19, 2026 sclaw
I P C

Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside.

Jul 19, 2026 sclaw
Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.
Constitution
Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.
Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside.
I P C
Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside.
Railways Act, 1989 — Sections 123(c)(2) and 124A — Compensation on account of untoward incidents — ‘No-fault’ liability — Accidental falling of a passenger from a running train constitutes an “untoward incident” — Liability under S. 124A arises irrespective of wrongful act, neglect or default of the Railway Administration, subject only to statutory exceptions such as suicide, self-inflicted injury or the passenger’s own criminal act — Provision held to be beneficial and welfare-oriented in nature.
Railways Act
Railways Act, 1989 — Sections 123(c)(2) and 124A — Compensation on account of untoward incidents — ‘No-fault’ liability — Accidental falling of a passenger from a running train constitutes an “untoward incident” — Liability under S. 124A arises irrespective of wrongful act, neglect or default of the Railway Administration, subject only to statutory exceptions such as suicide, self-inflicted injury or the passenger’s own criminal act — Provision held to be beneficial and welfare-oriented in nature.
Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed.
I B C
Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed.
Constitution

Coal Bearing Areas (Acquisition and Development) Act, 1957 – Section 2(d), 11, 13 and 18(a) – Payment to State Governments in lieu of royalty – State being person interested in the land shall be entitled to the compensation/rental over and the amount of royalty leviable/payable under Section 18(a) of the Act, 1957

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAHANADI COALFIELDS LIMITED — Appellant Vs. STATE OF ODISHA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Service Matters
Service

Rajasthan Non-Governmental Educational Institutions Act, 1989 – Section 18 – Even in case of termination/removal of an employee of a recognized institution after holding departmental enquiry/proceedings prior approval of the Director of Education has to be obtained as per first proviso to Section 18 of the Act, 1989.

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GAJANAND SHARMA — Appellant Vs. ADARSH SIKSHA PARISAD SAMITI AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 34 – Filing of additional evidence – Exparte award – before the arbitral tribunal, such evidence was not there and nothing was on record on the amalgamation of the plots – High Court has not committed any error in permitting the respondents to file affidavits/additional evidence in the proceedings under section 34 of the Arbitration Act.

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S ALPINE HOUSING DEVELOPMENT CORPORATION PRIVATE LIMITED — Appellant Vs. ASHOK S. DHARIWAL AND OTHERS — Respondent ( Before : M.R. Shah and C.T.…

Service Matters
Service

Central Civil Services (Pension) Rules, 1972 – Rule 54(14)(b) – Family pension – A son or daughter adopted by the widow of a deceased government servant, after the death of the government servant, could not be included within the definition of ‘family’ under Rule 54(14)(b) of the CCS (Pension) Rules, not entitled to family pension

Jan 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRI RAM SHRIDHAR CHIMURKAR — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : K.M. Joseph and B.V. Nagarathna, JJ. )…

Customs & Excise

Wikipedia – note of caution against using such sources for legal dispute resolution – These sources, despite being a treasure trove of knowledge, are based on a crowdsourced and user generated editing model that is not completely dependable in terms of academic veracity and can promote misleading information as has been noted by this court on previous occasions also – Courts and adjudicating authorities should rather make an endeavor to persuade the counsels to place reliance on more reliable and authentic sources.

Jan 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HEWLETT PACKARD INDIA SALES PVT. LTD. (NOW HP INDIA SALES PVT. LTD.) — Appellant Vs. COMMISSIONER OF CUSTOMS (IMPORT), NHAVA SHEVA — Respondent (…

You missed

Constitution

Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.

Jul 19, 2026 sclaw
I P C

Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside.

Jul 19, 2026 sclaw
Railways Act

Railways Act, 1989 — Sections 123(c)(2) and 124A — Compensation on account of untoward incidents — ‘No-fault’ liability — Accidental falling of a passenger from a running train constitutes an “untoward incident” — Liability under S. 124A arises irrespective of wrongful act, neglect or default of the Railway Administration, subject only to statutory exceptions such as suicide, self-inflicted injury or the passenger’s own criminal act — Provision held to be beneficial and welfare-oriented in nature.

Jul 19, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed.

Jul 19, 2026 sclaw