Supreme Court of India Judgements

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Central Goods and Services Tax Act, 2017 — Section 129 — Detention, seizure and release of goods and conveyances in transit — Show cause notice — Payment of penalty — Obligation to pass final order — Where a show cause notice is issued under Section 129(3) of the CGST Act and the taxable person files objections against the proposed levy, the proper officer is duty-bound to pass a reasoned, speaking order under Section 129(3), even if the penalty is paid. Such an order is crucial for enabling the taxpayer to exercise their statutory right of appeal under Section 107 of the CGST Act. Criminal Procedure Code, 1973 (CrPC) — Section 174 — Inquiry by Police into cause of unnatural death — Requirement of fair and impartial investigation — Evidence considered — Inconsistencies in CCTV footage, suspicious medical findings, and failure to preserve crucial forensic evidence indicated failures in local investigation. Criminal Procedure Code, 1973 — Section 156(3) — FIR Registration — Application to Magistrate without approaching Police/SP — While a Magistrate ought not ordinarily entertain an application under Section 156(3) CrPC directly without the informant having availed and exhausted remedies under Section 154(3) CrPC, the Magistrate is competent to direct FIR registration if allegations disclose cognizable offence — Such an order is not without jurisdiction and not vitiated on this count, but it is a procedural irregularity. Constitution of India, 1950 — Article 170(3) — Proviso — Readjustment of seats in Legislative Assemblies — Constitutional bar on readjustment of seats in State Legislative Assemblies until publication of census data after 2026 — Andhra Pradesh Reorganisation Act, 2014, Section 26 — Increase in seats subject to Article 170(3) — Petitioners’ claim for delimitation in Andhra Pradesh and Telangana dismissed as it contravened constitutional mandate. Insurance Law — Motor Insurance Policy — Guidelines (IMT) — Guidelines issued by the Tariff Advisory Committee (IMT) regulate the issuance of policies but cannot bind the insured unless specified in the insurance policy itself. – – Personal Accident Cover — Contractual liability — Claim based on personal accident cover is a contractual liability, not a statutory one — The question is whether the liability was limited or not, which depends on the terms specified in the policy.
G S T

Central Goods and Services Tax Act, 2017 — Section 129 — Detention, seizure and release of goods and conveyances in transit — Show cause notice — Payment of penalty — Obligation to pass final order — Where a show cause notice is issued under Section 129(3) of the CGST Act and the taxable person files objections against the proposed levy, the proper officer is duty-bound to pass a reasoned, speaking order under Section 129(3), even if the penalty is paid. Such an order is crucial for enabling the taxpayer to exercise their statutory right of appeal under Section 107 of the CGST Act.

Jul 27, 2025 sclaw
Central Goods and Services Tax Act, 2017 — Section 129 — Detention, seizure and release of goods and conveyances in transit — Show cause notice — Payment of penalty — Obligation to pass final order — Where a show cause notice is issued under Section 129(3) of the CGST Act and the taxable person files objections against the proposed levy, the proper officer is duty-bound to pass a reasoned, speaking order under Section 129(3), even if the penalty is paid. Such an order is crucial for enabling the taxpayer to exercise their statutory right of appeal under Section 107 of the CGST Act.
G S T
Central Goods and Services Tax Act, 2017 — Section 129 — Detention, seizure and release of goods and conveyances in transit — Show cause notice — Payment of penalty — Obligation to pass final order — Where a show cause notice is issued under Section 129(3) of the CGST Act and the taxable person files objections against the proposed levy, the proper officer is duty-bound to pass a reasoned, speaking order under Section 129(3), even if the penalty is paid. Such an order is crucial for enabling the taxpayer to exercise their statutory right of appeal under Section 107 of the CGST Act.
Criminal Procedure Code, 1973 (CrPC) — Section 174 — Inquiry by Police into cause of unnatural death — Requirement of fair and impartial investigation — Evidence considered — Inconsistencies in CCTV footage, suspicious medical findings, and failure to preserve crucial forensic evidence indicated failures in local investigation.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 174 — Inquiry by Police into cause of unnatural death — Requirement of fair and impartial investigation — Evidence considered — Inconsistencies in CCTV footage, suspicious medical findings, and failure to preserve crucial forensic evidence indicated failures in local investigation.
Criminal Procedure Code, 1973 — Section 156(3) — FIR Registration — Application to Magistrate without approaching Police/SP — While a Magistrate ought not ordinarily entertain an application under Section 156(3) CrPC directly without the informant having availed and exhausted remedies under Section 154(3) CrPC, the Magistrate is competent to direct FIR registration if allegations disclose cognizable offence — Such an order is not without jurisdiction and not vitiated on this count, but it is a procedural irregularity.
Cr P C
Criminal Procedure Code, 1973 — Section 156(3) — FIR Registration — Application to Magistrate without approaching Police/SP — While a Magistrate ought not ordinarily entertain an application under Section 156(3) CrPC directly without the informant having availed and exhausted remedies under Section 154(3) CrPC, the Magistrate is competent to direct FIR registration if allegations disclose cognizable offence — Such an order is not without jurisdiction and not vitiated on this count, but it is a procedural irregularity.
Constitution of India, 1950 — Article 170(3) — Proviso — Readjustment of seats in Legislative Assemblies — Constitutional bar on readjustment of seats in State Legislative Assemblies until publication of census data after 2026 — Andhra Pradesh Reorganisation Act, 2014, Section 26 — Increase in seats subject to Article 170(3) — Petitioners’ claim for delimitation in Andhra Pradesh and Telangana dismissed as it contravened constitutional mandate.
Constitution
Constitution of India, 1950 — Article 170(3) — Proviso — Readjustment of seats in Legislative Assemblies — Constitutional bar on readjustment of seats in State Legislative Assemblies until publication of census data after 2026 — Andhra Pradesh Reorganisation Act, 2014, Section 26 — Increase in seats subject to Article 170(3) — Petitioners’ claim for delimitation in Andhra Pradesh and Telangana dismissed as it contravened constitutional mandate.
I P C

Probation of Offenders Act, 1958 — Probation of Offenders Act, 1958 can be applied even when a conviction has been upheld — Even though appellant’s conviction under Sections 326, 325, 452, and 323 of the IPC was affirmed by the High Court, the Supreme Court extended the benefit of the Probation Act — The fact that appellant was acquitted of more serious charges (Sections 307, 148, and 149 IPC) and that he had already served a significant portion of his sentence was also taken into consideration. — The age of the accused, the length of the criminal proceedings, and the absence of a prior criminal record can justify the application of the Probation Act — The court took into account appellant’s age (approximately 70 years old), the prolonged nature of the proceedings, and the fact that he had no prior convictions, in deciding to apply the Probation Act to him.

Jan 11, 2025 sclaw

2025 INSC 46 SUPREME COURT OF INDIA DIVISION BENCH RAMESH Vs. STATE OF RAJASTHAN ( Before : B.V. Nagarathna and Nongmeikapam Kotiswar Singh, JJ. ) Criminal Appeal No….of 2025 (@…

I P C

Penal Code, 1860 (IPC) — Sections 302 and 304 Part I — Murder — Appeal against conviction — Appellants were initially convicted of murder but the charge was later modified to culpable homicide not amounting to murder under Section 304 Part I IPC — The court upheld this modification, citing the lack of clear motive, premeditation, and definitive intent to kill, despite the fatal injuries inflicted — The judgment considered the credibility of the sole eyewitness, the timing of the FIR, and the overall weight of the evidence, ultimately reducing the sentence to the time already served and imposing a fine of Rs. 50,000 each.

Jan 11, 2025 sclaw

2025 INSC 47 SUPREME COURT OF INDIA FULL BENCH GOVERDHAN AND ANOTHER Vs. STATE OF CHHATTISGARH ( Before : B. R. Gavai, K.V. Viswanathan and Nongmeikapam Kotiswar Singh, JJ. )…

C P C

A party should not suffer due to the negligence of their counsel, and a restoration application under Order IX Rule 13 of the CPC can serve as an application for condonation of delay if it explains the reasons for the delay, so that courts should focus on the merits of a case rather than being hindered by procedural technicalities A. Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — An application under Order 9 Rule 13 can also serve as an application for condonation of delay — The court cites Bhagmal and Ors Vs. Kunwar Lal and Others, to support its finding that where the delay in filing an application under Order 9 Rule 13 of the CPC is explained within the application itself, there is no need for a separate application for condonation of delay — The court emphasizes that the procedure is a handmaid of justice, and hyper-technical interpretations of rules should not stand in the way of achieving a just outcome.

Dec 28, 2024 sclaw

2024 INSC 1030 SUPREME COURT OF INDIA DIVISION BENCH DWARIKA PRASAD (D) THR. LRS. Vs. PRITHVI RAJ SINGH ( Before : Vikram Nath and Prasanna B. Varale, JJ. ) Civil…

Anticipatory Bail

Anticipatory bail should not be granted routinely, especially in serious offenses like murder, and that courts must consider the severity of the charges, the evidence, and the materials on record, including the charge sheet Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court’s decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant’s nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence, including the charge sheet which stated that the case against the accused persons was found to be true — The Supreme Court directed the respondents to surrender to the trial court and apply for regular bail, to be considered on its merits — The Supreme Court’s decision underscores the importance of a thorough review of case details and allegations before granting anticipatory bail, especially in cases of serious crimes.

Dec 28, 2024 sclaw

2024 INSC 1032 SUPREME COURT OF INDIA DIVISION BENCH SHAMBHU DEBNATH Vs. THE STATE OF BIHAR AND OTHERS ( Before : Vikram Nath and Prasanna B. Varale, JJ. ) Criminal…

Service Matters
Service

Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants’ continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their work was perennial and fundamental, requiring their classification as regular posts — The court also found that the appellants’ abrupt termination was unjustified and violated principles of natural justice, and the argument against their regularization based on educational qualifications was untenable — The court noted discriminatory practices as other employees with similar or shorter service had been regularized — The court clarified that the Uma Devi judgment was not intended to penalize employees who have served long years in essential roles and that “irregular” appointments should be considered for regularization, especially when they are not “illegal” and the employees have served continuously against sanctioned functions.

Dec 28, 2024 sclaw

2024 INSC 1034 SUPREME COURT OF INDIA DIVISION BENCH JAGGO Vs. UNION OF INDIA AND OTHERS ( Before : Vikram Nath and Prasanna B. Varale, JJ. ) Civil Appeal No….of…

Child Custody Matrimonial

For best interest and welfare of the child are the paramount considerations when determining visitation rights A. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child’s health and well-being must not be compromised in the process of adjudicating parental rights. B. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Both parents have a right to the care, company, and affection of their child — However, this right is not absolute and must be balanced with the need to protect the child’s welfare — In this case, the court acknowledges the father’s right to visit his daughter but ensures that these visits do not negatively impact the child. C. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Matrimonial disputes and serious allegations between parents should not impede a child’s right to the care and company of both parents — The court separates the child’s welfare from the conflict between the parents. D. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Visitation arrangements must not cause undue hardship to the child — The court modified the High Court’s order, which required the child to travel 300 kilometers every Sunday, as it was deemed detrimental to the child’s health and well-being. E. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The location for visitation must be convenient and in the best interest of the child — The court changed the visitation location from Karur to Madurai, which is closer to the child’s residence, in order to prioritize the child’s comfort and convenience. F. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Supervised visitation may be necessary, especially for young children — The court directed that the father’s visits should occur in a public place, with the mother present (though at a distance), due to the child’s young age and unfamiliarity with the father.

Dec 28, 2024 sclaw

2024 INSC 1036 SUPREME COURT OF INDIA DIVISION BENCH SUGIRTHA Vs. GOWTHAM ( Before : Vikram Nath and Prasanna B. Varale, JJ. ) Civil Appeal No….of 2024 (Arising Out of…

Accident I P C

Penal Code, 1860 (IPC) — Section 304A — Rash and Negligent Driving — The court found that the accused was driving his vehicle in a rash and negligent manner, which caused the death of one person and injuries to another — The prosecution presented evidence demonstrating that the accused’s vehicle hit the motorcycle from behind — This is corroborated by witness testimony and the fact that the motorcycle was dragged a considerable distance — The court dismissed the defence’s argument that the incident was due to contributory negligence, pointing out that the road was wide enough for the accused to avoid the collision and that there was no evidence of a sudden turn by the victim — The courts also noted the accused’s failure to provide a reasonable explanation when questioned about the incriminating evidence — The fact that the victim suffered 19 wounds also supports the court’s conclusion that the accused’s driving was rash and negligent —The court rejected the petitioner’s plea for leniency due to his family circumstances, emphasizing that the accused’s actions caused a death — Based on the above points, the court upheld the conviction and sentence passed by the trial court and confirmed by the High Court.

Dec 27, 2024 sclaw

2024 INSC 1038 SUPREME COURT OF INDIA DIVISION BENCH JAMES Vs. THE STATE OF KARNATAKA ( Before : Sudhanshu Dhulia and Prasanna B. Varale, JJ. ) Criminal Appeal No….of 2024…

Service Matters
Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw

2024 INSC 921 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. SAROJ DEVI — Respondent ( Before : Abhay S. Oka and Augustine George…

Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw

2024 INSC 922 SUPREME COURT OF INDIA FULL BENCH OACHIRA PARABRAHMA TEMPLE AND ANOTHER — Appellant Vs. G. VIJAYANATHAKURUP AND OTHERS — Respondent ( Before : Sanjiv Khanna, CJI., Sanjay…

Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw

2024 INSC 923 SUPREME COURT OF INDIA DIVISION BENCH WADLA BHEEMARAIDU — Appellant Vs. STATE OF TELANGANA — Respondent ( Before : Dipankar Datta and Sandeep Mehta, JJ. ) Criminal…

You missed

G S T

Central Goods and Services Tax Act, 2017 — Section 129 — Detention, seizure and release of goods and conveyances in transit — Show cause notice — Payment of penalty — Obligation to pass final order — Where a show cause notice is issued under Section 129(3) of the CGST Act and the taxable person files objections against the proposed levy, the proper officer is duty-bound to pass a reasoned, speaking order under Section 129(3), even if the penalty is paid. Such an order is crucial for enabling the taxpayer to exercise their statutory right of appeal under Section 107 of the CGST Act.

Jul 27, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 174 — Inquiry by Police into cause of unnatural death — Requirement of fair and impartial investigation — Evidence considered — Inconsistencies in CCTV footage, suspicious medical findings, and failure to preserve crucial forensic evidence indicated failures in local investigation.

Jul 27, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 — Section 156(3) — FIR Registration — Application to Magistrate without approaching Police/SP — While a Magistrate ought not ordinarily entertain an application under Section 156(3) CrPC directly without the informant having availed and exhausted remedies under Section 154(3) CrPC, the Magistrate is competent to direct FIR registration if allegations disclose cognizable offence — Such an order is not without jurisdiction and not vitiated on this count, but it is a procedural irregularity.

Jul 27, 2025 sclaw
Constitution

Constitution of India, 1950 — Article 170(3) — Proviso — Readjustment of seats in Legislative Assemblies — Constitutional bar on readjustment of seats in State Legislative Assemblies until publication of census data after 2026 — Andhra Pradesh Reorganisation Act, 2014, Section 26 — Increase in seats subject to Article 170(3) — Petitioners’ claim for delimitation in Andhra Pradesh and Telangana dismissed as it contravened constitutional mandate.

Jul 27, 2025 sclaw