Supreme Court of India Judgements

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Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside. Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed. Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire. Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms. Public Interest Litigation (PIL) — Environmental Protection — Monitoring Committee — Powers and Scope — A PIL was filed concerning environmental issues in Delhi, leading to the appointment of a Monitoring Committee. The Supreme Court clarified that the committee was appointed to prevent misuse of residential premises for commercial purposes and not to interfere with residential premises used as such. Their power was limited to making suggestions to a Special Task Force regarding encroachments on public land, not to summarily seal premises.
Acquittal

Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.

Nov 2, 2025 sclaw
Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.

Nov 2, 2025 sclaw
Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.
Acquittal
Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.
Cheque Dishonour
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.
Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.
General Insurance
Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.
Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.
Tenders
Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.
I P C

(IPC) – Section 376 – Rape – Testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of the victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable – No reason to doubt the credibility and/or trustworthiness of the prosecutrix. She is found to be reliable and trustworthy – Therefore, without any further corroboration, the conviction of the accused relying upon the sole testimony of the prosecutrix can be sustained

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PHOOL SINGH — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Criminal Appeal…

Consumer

Medical negligence – If the operation theatres were occupied at the time when the operation of the patient was contemplated, it cannot be said that there is a negligence on the part of the Hospital – A team of specialist doctors was available and also have attended to the patient but unfortunately nature had the last word and the patient breathed his last -No doctor can assure life to his patient but can only attempt to treat his patient to the best of his ability which was being done in the present case as well – Findings recorded by the Commission holding the Hospital and the Doctor guilty of medical negligence are not sustainable in law.

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BOMBAY HOSPITAL & MEDICAL RESEARCH CENTRE — Appellant Vs. ASHA JAISWAL AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ.…

Tenders & Contracts

Government contracts – Understanding of public interest – – It is pertinent to remember that, by merely using grounds of public interest or loss to the treasury, the successor public authority cannot undo the work undertaken by the previous authority – Such a claim must be proven using material facts, evidence and figures – If it were otherwise, then there will remain no sanctity in the words and undertaking of the Government – Businessmen will be hesitant to enter Government contract or make any investment in furtherance of the same – Such a practice is counterproductive to the economy and the business environment in general.

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH THE VICE CHAIRMAN & MANAGING DIRECTOR, CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED AND ANOTHER — Appellant Vs. SHISHIR REALTY PRIVATE LIMITED AND…

Environment

Criminal Procedure Code, 1973 – Sections 209 and 465 – Penal Code, 1860 (IPC) – Sections 409 and 420 read with Section 120B – Mines and Mineral (Development and Regulation) Act 1957 – Sections 21 and 23 read with Sections 4(1) and 4(1)(A) – Karnataka Forest Rules, 1969 – Rule 165 read with Rule 144 – Unauthorized mining – Quashing of criminal proceedings – If the order taking cognizance is irregular, it would not vitiate the proceedings in view of Section 465 CrPC – No “failure of justice” under Section 465 CrPC is proved

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH PRADEEP S. WODEYAR — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and B V…

Environment

Forest (Conservation) Act, 1980 – Section 2 – Felling of trees for Delhi Mass Rapid Transit System-Phase-IV project – Direction – DMRC to file applications under the FC Act, 1980 to the Chief Conservator (Forest) and Nodal Officer (FCI), GNCTD, seeking permission for diversion of the following extents of land for the construction of Metro, Phase-IV of MRTS Project with a request to forward the said documents to the MoEF&CC, GoI, for its consideration under Section 2 of the FC Act, 1980.

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH IN RE: T.N. GODAVARMAN THIRUMULPAD — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and…

Murder

(IPC) – Ss 302 and 149 – Murder – Injuries on vital parts – From the evidence of doctor, it can be gathered that the injuries on the vital parts like right lung and liver which resulted into bleeding and shock were sufficient to cause the death in the ordinary cause of nature – Once the prosecution establishes the existence of the three ingredients forming a part of “thirdly” in Section 300, it is irrelevant whether there was an intention on the part of the accused to cause death – It does not matter that there was no intention even to cause the injury of a kind that is sufficient to cause death in ordinary course of nature

Dec 1, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VINOD KUMAR — Appellant Vs. AMRITPAL @ CHHOTU AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Criminal…

C P C

(CPC)- S 100 – Dismissal of second appeal without assigning any reasons for conclusion – Court must display its conscious application of mind even while dismissing the appeal at the admission stage – Giving reasons for the conclusion is necessary as it helps the adversely affected party to understand why his submissions were not accepted – High Court cannot dismiss the second appeal in limine without assigning any reasons for its conclusion HELD An appeal under Section 100 of the CPC could be filed both against the ‘concurrent findings’ or ‘divergent findings’ of the courts below.

Nov 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HASMAT ALI — Appellant Vs. AMINA BIBI AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari, JJ. ) Civil Appeal…

Environment

National Green Tribunal Act, 2010 – Section 22 – Further construction – Environmental Clearance – Project of the appellant comprises six buildings of which three were constructed in full, and the super structure of the fourth building is completed and only the internal works remains to be done – Further construction cannot be made without environment impact assessment – If the Project Proponent wishes to construct the remaining buildings, they must secure fresh clearance from the competent authority, as per the currently applicable framework –

Nov 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. SAI BABA SALES PRIVATE LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh…

Acquittal

Penal Code, 1860 (IPC) – Section 307 – Arms Act, 1959 – Section 27 – Attempt to murder – Using arms – Appellant-accused was admittedly a police official – Illegal use of a licensed or sanctioned weapon per se does not constitute an offence under Section 27, without proving the misdemeanour under Section 5 or 7 of the Arms Act. At best, it could be a ‘misconduct’ under the service rules, the determination of which was not the subject of the trial – No motive or element of planning has been proved by the Prosecution –

Nov 29, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SURINDER SINGH — Appellant Vs. STATE (UNION TERRITORY OF CHANDIGARH) — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and A.S. Bopanna, JJ.…

Service Matters
Service

Service Law – Back-wages – In the case of wrongful termination of service, reinstatement with continuity of service and back-wages is normal rule and the adjudicating authority to take into consideration the length of service of the employee, nature of misconduct, financial condition of the employer and similar other factors – High Court has correctly granted 50% of the back wages to the respondent.

Nov 29, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. RAM BAHADUR YADAV — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. )…

You missed

Acquittal

Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.

Nov 2, 2025 sclaw
Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.

Nov 2, 2025 sclaw
General Insurance

Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.

Nov 2, 2025 sclaw
Tenders

Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.

Nov 2, 2025 sclaw