Supreme Court of India Judgements

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Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief. Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted. Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property. Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force. Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident.
Specific Performance

Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief.

Aug 1, 2026 sclaw
Acquittal

Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted.

Aug 1, 2026 sclaw
Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief.
Specific Performance
Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief.
Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted.
Acquittal
Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted.
Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.
Will & Succession
Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.
Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.
Service
Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.
I P C

Death Sentence – Rape and murder of a housewife – Held, impact of solitary confinement were obviously evident in the instant case, as would be clear from the letter given by the medical professional on 6.11.2011 and the communication emanating from the jail on 8.11.2011. The incarceration in solitary confinement thus did show ill effects on the well-being of the appellant. In the backdrop of these features of the matter, the appellant is entitled to have the death sentence imposed upon him to be commuted to death sentence to life

Nov 6, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH B.A. UMESH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, CJI., S. Ravindra Bhat and Pamidighantam…

Land Acquisition

Lapse of acquisition proceedings – Subsequent purchaser has no right to claim lapse of acquisition proceedings – There cannot be any lapse of acquisition under Section 24(2) of the Act, 2013 on the ground of possession could not be taken over by the authority and/or the compensation could not be deposited / tendered due to the pending litigations.

Nov 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. DAMINI WADHWA AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil Appeal…

I P C Murder

HELD the High Court is justified in reversing the judgment of acquittal by the Trial Court- the motive is treated secondary in view of the fact that this is a case of direct evidence of injured eye-witnesses- the facts narrated in the FIR are fully corroborated by much of the documentary evidence and are fully in consonance with the testimony of the prosecution witnesses. the only question related to the persons involved and the manner of commission of the offence. Finding of trial Court that the arrest and recovery were doubtful were glaring mistakes. H C completely justified. Dismissed

Nov 6, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH ASHOK KUMAR SINGH CHANDEL — Appellant Vs. STATE OF U.P. — Respondent ( Before : Uday Umesh Lalit, CJI., S. Ravindra Bhat and Pamidighantam…

Banking Constitution

Contract Act, 1872 – Section 62 – One Time Settlement Scheme – – Impugned judgment and order passed by the High Court granting further time to the borrower to make the balance payment under the OTS Scheme in exercise of powers under Article 226 of the Constitution of India is unsustainable and the same deserves to be quashed and set aside

Nov 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE BANK OF INDIA — Appellant Vs. ARVINDRA ELECTRONICS PRIVATE LIMITED — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil…

Consumer

Consumer – Illegal sold of hypothecated vehicle – Compensation – Hypothecated vehicle was detained/seized and thereafter, sold which was found to be illegal, the complainant shall be entitled to the compensation/loss suffered because of not plying of the vehicle seized and sold illegally

Nov 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED — Appellant Vs. NIZAMUDDIN — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil Appeal…

You missed

Specific Performance

Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief.

Aug 1, 2026 sclaw
Acquittal

Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted.

Aug 1, 2026 sclaw
Will & Succession

Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.

Jul 30, 2026 sclaw
Service

Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.

Jul 30, 2026 sclaw