Supreme Court of India Judgements

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Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character. Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS) Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible. Succession Act, 1925 — Sections 33, 35 and 38 — Hindu/Christian Succession — Applicability of S. 33 confined to property owned by deceased male; erroneous application by High Court set aside — Where property was purchased and registered in the joint names of two wives, the same is owned by them and not by the husband, notwithstanding that he provided the consideration — Section 33, which governs devolution on intestacy of a male’s property between his widow and lineal descendants, is not attracted to property never vested in the husband’s name — High Court’s application of S. 33 to the entirety of the suit property held misconceived.
Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.
Environment
Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)
Bhartiya Nagrik Suraksha Sanhita Cr P C
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)
Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.
Direct Taxation Income Tax Act
Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.
Service Matters
Service

Air Force Act, 1950 — Section 19 — Air Force Rules, 1969 — Rule 16 — Administrative action after discharge from criminal court — Initiation of administrative action for disciplinary purposes is not permissible if the matter has already been decided by a criminal court by way of discharge, as discharge signifies no sufficient grounds for proceeding, placing the individual on a better footing than acquittal and thus ending the matter.

Apr 16, 2026 sclaw

2026 INSC 366 SUPREME COURT OF INDIA DIVISION BENCH EX. SQN. LDR. R. SOOD Vs. UNION OF INDIA AND OTHERS ( Before : Dipankar Datta and K.V. Viswanathan, JJ. )…

Corruption

Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well.

Apr 15, 2026 sclaw

2026 INSC 357 SUPREME COURT OF INDIA DIVISION BENCH ANOSH EKKA Vs. STATE THROUGH CENTRAL BUREAU OF INVESTIGATION ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal Appeal…

Matrimonial

Hindu Marriage Act, 1955 — Section 13B — Divorce by Mutual Consent — Settlement agreement reached in mediation — Wife withdrew consent before Second Motion for divorce — Held, while ordinarily consent can be withdrawn, when a settlement agreement has been entered into for full and final settlement of disputes, it is not open for a party to resile from its terms without demonstrating fraud, force, or undue influence — Wife failed to prove her allegations of fraud or compulsion by Husband, and her claims about substantial jewelry not mentioned in the settlement were unsubstantiated and raised suspicion due to delayed assertion — Held, wife’s withdrawal of consent was not justified.

Apr 15, 2026 sclaw

2026 INSC 360 SUPREME COURT OF INDIA DIVISION BENCH DHANANJAY RATHI Vs. RUCHIKA RATHI ( Before : Rajesh Bindal and Vijay Bishnoi, JJ. ) Criminal Appeal No(s). 1924 of 2026…

Arbitration

Arbitration and Conciliation Act, 1996 — Section 36 — Enforcement of Consent Award — Construction of compromise deed and consent award — Promoters undertook to defend proceedings and ensure no liability recovered from Appellants by any forum — Deposit of an amount by Appellants to prevent execution of award against their properties constituted a liability that triggered Promoters’ obligation under the consent award — High Court erred in deferring enforceability of consent award until final confirmation by the highest court of appeal — Appeal allowed, impugned judgment set aside.

Apr 15, 2026 sclaw

2026 INSC 361 SUPREME COURT OF INDIA DIVISION BENCH VPS HEALTHCARE PRIVATE LIMITED AND ANOTHER Vs. PRABHAT KUMAR SRIVASTAVA AND ANOTHER ( Before : S.V.N. Bhatti and Prasanna B. Varale,…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings by High Court — High Court quashed FIR and proceedings at a nascent stage when Magistrate had merely directed investigation under Section 156(3) CrPC — Sale deeds relied upon by accused were examined by High Court, treating them as determinative of the dispute, and criminal proceedings were quashed on the ground that the dispute was predominantly civil in nature and sale deeds were not cancelled under Section 31 of the Specific Relief Act, 1963 — Such exercise by High Court was beyond the permissible scope of scrutiny in a petition under Section 482 CrPC, as it involved delving into defence material and adjudicating disputed questions of fact, which is the domain of investigation and trial — This approach stifled the investigative process and ran contrary to well-settled principles — High Court fell into error.

Apr 15, 2026 sclaw

2026 INSC 362 SUPREME COURT OF INDIA DIVISION BENCH ACCAMMA SAM JACOB Vs. THE STATE OF KARNATAKA AND ANOTHER ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal…

Consumer

Consumer Protection Act, 1986 — Section 2(1)(g) — Deficiency in service — Manufacturing defect — Vehicle purchased with manufacturing defect — State Commission awarded refund of purchase price and compensation — High Court modified the order, directing refund of the principal amount without interest or compensation, citing the complainant’s refusal to accept a replacement engine — Appeal partly allowed

Apr 14, 2026 sclaw

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION   NISSAN MOTOR INDIA PRIVATE LIMITED Vs. JAISON LUKOSE AND OTHERS ( Before : A. P. Sahi, President and Bharatkumar Pandya, Member ) First Appeal…

Consumer

Consumer Protection Act, 1986 — Sections 21, 22 — Medical Negligence — Burden of Proof — Complainant failed to discharge the burden of proving medical negligence by leading cogent and convincing evidence — Mere assertions or affidavits are insufficient — Dismissed

Apr 14, 2026 sclaw

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION   AKTHAR KHAN Vs. GOYAL’S MEDICAL CENTRE AND OTHERS ( Before : Inder Jit Singh, Presiding Member and Sudhir Kumar Jain, Member ) Consumer Complaint…

Consumer

Consumer Protection Act, 1986 — Section 2(1)(d)(ii) — Definition of “Consumer” — Commercial Purpose — Bank Guarantees availed for the purpose of facilitating profit generation in a business transaction are not considered to be for a commercial purpose that excludes them from the definition of a consumer under the Act, especially when the dispute concerns the refund of commission for unutilized periods of such guarantees — The dominant purpose test applies, and the specific nature of the dispute regarding service charges makes the complaint maintainable — The interpretation of “commercial purpose” should not exclude disputes related to service charges for financial facilities.

Apr 14, 2026 sclaw

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION   CANARA BANK Vs. M/S. OASYS CYBERNETICS PVT. LTD. ( Before : A.P. Sahi, President and Bharatkumar Pandya, Member ) NC/FA/712/2012 Decided on : 25-02-2026…

You missed

Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.

Aug 2, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.

Aug 2, 2026 sclaw