Supreme Court of India Judgements

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Contract Law — Award of Tender — Judicial Review — High Court should exercise restraint when reviewing tender evaluation processes, especially in technical matters, unless there is clear evidence of mala fide, arbitrariness, or irrationality — A marginal difference in scores, as seen in this case, does not automatically warrant interference, especially when the owner has the right to accept or reject bids and the contract is already underway. [Bombay Electricity Duty Act, 1958, S. 5A] – State Government can withdraw electricity duty exemptions, provided it’s reasonable, fair, and not arbitrary or discriminatory. [Bombay Electricity Duty Act, 1958, S. 5A] – Withdrawal of electricity duty exemption requires reasonable notice to industries structured around the concession. Criminal Procedure Code, 1973 (CrPC) — Sections 482 and 226 — Quashing of FIR and criminal proceedings — Allegations of dowry demand, cruelty, and assault resulting in miscarriage — Delay in lodging FIR — Vague and omnibus allegations without corroborating evidence — Inherent improbability of allegations — Abuse of process of law — The Supreme Court quashed the FIR and criminal proceedings against the appellants (sister-in-law and parents-in-law) leading to a miscarriage — The Court noted significant delay in lodging the FIR, vague and omnibus allegations without concrete evidence, and the inherent improbability of the accusations — The Court emphasized that general and sweeping accusations unsupported by evidence cannot form the basis for criminal prosecution and that the legal provisions should not be misused for personal vendetta or arm-twisting tactics — The Court relied on the principles laid down in State of Haryana vs Bhajan Lal, including cases where allegations are absurd or inherently improbable, or where the proceeding is maliciously instituted with ulterior motive — The Court also considered the age and career prospects of the accused, deeming it inexpedient and not in the interest of justice to allow the prosecution to continue against them. U.P. Urban Premises Rent Control Ordinance, 2021 — Section 21(2) — Eviction proceedings — Landlord-tenant relationship established and affirmed up to Supreme Court — Tenant’s subsequent restoration application before Rent Authority, challenging sale deed validity, was an abuse of process and overreaching court orders — Rent Authority’s order setting aside eviction was void for lack of jurisdiction, as title dispute is purview of Civil Court, not Rent Authority — Judicial discipline and adherence to law require subordinate authorities to follow higher court orders Criminal Procedure, 1973 (CrPC) — Sections 215, 228, 464 and 465 — Charge framing — Substantial compliance — Purpose of charge framing is to give notice to accused of accusation and enable defence preparation — Defect in charge, including absence of signature, is curable if no prejudice or failure of justice is occasioned — Accused’s active participation and cross-examination indicate awareness of charges and no prejudice — Belated objection to charge defect, especially after demise of key witnesses, suggests lack of genuine prejudice.
Contract Law — Award of Tender — Judicial Review — High Court should exercise restraint when reviewing tender evaluation processes, especially in technical matters, unless there is clear evidence of mala fide, arbitrariness, or irrationality — A marginal difference in scores, as seen in this case, does not automatically warrant interference, especially when the owner has the right to accept or reject bids and the contract is already underway.
Tenders & Contracts
Contract Law — Award of Tender — Judicial Review — High Court should exercise restraint when reviewing tender evaluation processes, especially in technical matters, unless there is clear evidence of mala fide, arbitrariness, or irrationality — A marginal difference in scores, as seen in this case, does not automatically warrant interference, especially when the owner has the right to accept or reject bids and the contract is already underway.
[Bombay Electricity Duty Act, 1958, S. 5A] – State Government can withdraw electricity duty exemptions, provided it’s reasonable, fair, and not arbitrary or discriminatory. [Bombay Electricity Duty Act, 1958, S. 5A] – Withdrawal of electricity duty exemption requires reasonable notice to industries structured around the concession.
Electricity Act
[Bombay Electricity Duty Act, 1958, S. 5A] – State Government can withdraw electricity duty exemptions, provided it’s reasonable, fair, and not arbitrary or discriminatory. [Bombay Electricity Duty Act, 1958, S. 5A] – Withdrawal of electricity duty exemption requires reasonable notice to industries structured around the concession.
Criminal Procedure Code, 1973 (CrPC) — Sections 482 and 226 — Quashing of FIR and criminal proceedings — Allegations of dowry demand, cruelty, and assault resulting in miscarriage — Delay in lodging FIR — Vague and omnibus allegations without corroborating evidence — Inherent improbability of allegations — Abuse of process of law — The Supreme Court quashed the FIR and criminal proceedings against the appellants (sister-in-law and parents-in-law) leading to a miscarriage — The Court noted significant delay in lodging the FIR, vague and omnibus allegations without concrete evidence, and the inherent improbability of the accusations — The Court emphasized that general and sweeping accusations unsupported by evidence cannot form the basis for criminal prosecution and that the legal provisions should not be misused for personal vendetta or arm-twisting tactics — The Court relied on the principles laid down in State of Haryana vs Bhajan Lal, including cases where allegations are absurd or inherently improbable, or where the proceeding is maliciously instituted with ulterior motive — The Court also considered the age and career prospects of the accused, deeming it inexpedient and not in the interest of justice to allow the prosecution to continue against them.
Acquittal
Criminal Procedure Code, 1973 (CrPC) — Sections 482 and 226 — Quashing of FIR and criminal proceedings — Allegations of dowry demand, cruelty, and assault resulting in miscarriage — Delay in lodging FIR — Vague and omnibus allegations without corroborating evidence — Inherent improbability of allegations — Abuse of process of law — The Supreme Court quashed the FIR and criminal proceedings against the appellants (sister-in-law and parents-in-law) leading to a miscarriage — The Court noted significant delay in lodging the FIR, vague and omnibus allegations without concrete evidence, and the inherent improbability of the accusations — The Court emphasized that general and sweeping accusations unsupported by evidence cannot form the basis for criminal prosecution and that the legal provisions should not be misused for personal vendetta or arm-twisting tactics — The Court relied on the principles laid down in State of Haryana vs Bhajan Lal, including cases where allegations are absurd or inherently improbable, or where the proceeding is maliciously instituted with ulterior motive — The Court also considered the age and career prospects of the accused, deeming it inexpedient and not in the interest of justice to allow the prosecution to continue against them.
U.P. Urban Premises Rent Control Ordinance, 2021 — Section 21(2) — Eviction proceedings — Landlord-tenant relationship established and affirmed up to Supreme Court — Tenant’s subsequent restoration application before Rent Authority, challenging sale deed validity, was an abuse of process and overreaching court orders — Rent Authority’s order setting aside eviction was void for lack of jurisdiction, as title dispute is purview of Civil Court, not Rent Authority — Judicial discipline and adherence to law require subordinate authorities to follow higher court orders
Rent State Laws
U.P. Urban Premises Rent Control Ordinance, 2021 — Section 21(2) — Eviction proceedings — Landlord-tenant relationship established and affirmed up to Supreme Court — Tenant’s subsequent restoration application before Rent Authority, challenging sale deed validity, was an abuse of process and overreaching court orders — Rent Authority’s order setting aside eviction was void for lack of jurisdiction, as title dispute is purview of Civil Court, not Rent Authority — Judicial discipline and adherence to law require subordinate authorities to follow higher court orders
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

2025 INSC 1269 SUPREME COURT OF INDIA DIVISION BENCH MOHAMED SAMEER KHAN Vs. STATE REPRESENTED BY INSPECTOR OF POLICE ( Before : Dipankar Datta and Augustine George Masih, JJ. )…

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

2025 INSC 1270 SUPREME COURT OF INDIA DIVISION BENCH K. NAGENDRA Vs. THE NEW INDIA INSURANCE CO. LTD. AND OTHERS ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ.…

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

2025 INSC 1276 SUPREME COURT OF INDIA 2 JUDGES BENCH KIMBERLEY CLUB PVT. LTD. Vs. KRISHI UTPADAN MANDI PARISHAD AND OTHERS ( Before : Surya Kant and Joymalya Bagchi, JJ.…

Constitution

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.

Nov 2, 2025 sclaw

2025 INSC 1274 SUPREME COURT OF INDIA 2 JUDGES BENCH M.C. MEHTA Vs. UNION OF INDIA AND OTHERS ( Before : B. R. Gavai, CJI. and K. Vinod Chandran, J.…

Service Matters
Service

Right of Children to Free and Compulsory Education Act, 2009 — Section 23 — Minimum qualifications for teachers — Teacher Eligibility Test (TET) — Amendment extending deadline for unqualified teachers to acquire minimum qualifications — Termination of teachers appointed before amendment for not possessing TET at the time of appointment — Held: Termination erroneous as teachers acquired TET within extended deadline.

Nov 2, 2025 sclaw

2025 INSC 1273 SUPREME COURT OF INDIA 2 JUDGES BENCH UMA KANT AND ANOTHER Vs. STATE OF U.P. AND OTHERS ( Before : B.R. Gavai, CJI. and K. Vinod Chandran,…

Advocates Act Bhartiya Nagrik Suraksha Sanhita Constitution

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 179 — Summoning of Advocate by Investigating Agency — Advocate representing accused cannot be summoned directly to elicit case details as it violates advocate-client privilege and constitutional rights of the accused, unless specific exceptions under Section 132 of the Bharatiya Sakshya Adhiniyam (BSA) apply.

Nov 2, 2025 sclaw

2025 INSC 1275 SUPREME COURT OF INDIA 3 JUDGES BENCH IN RE: SUMMONING ADVOCATES WHO GIVE LEGAL OPINION OR REPRESENT PARTIES DURING INVESTIGATION OF CASES AND RELATED ISSUES. ( Before…

Arbitration

Arbitration and Conciliation Act, 1996 — Section 34 — Setting aside of arbitral award — Delay in pronouncement — While undue and unexplained delay in pronouncing an arbitral award is not a ground, in itself, to set it aside, it can lead to the award being vitiated if the delay adversely affects the final decision and reflects on the findings, making it conflict with public policy or be patently illegal.

Nov 2, 2025 sclaw

2025 INSC 1277 SUPREME COURT OF INDIA 2 JUDGES BENCH M/S. LANCOR HOLDINGS LIMITED Vs. PREM KUMAR MENON AND OTHERS ( Before : Sanjay Kumar and Satish Chandra Sharma, JJ.…

Transfer Of Property Act

Transfer of Property Act, 1882 — Sections 54, 55 — Agreement to Sell vs. Sale Deed — An agreement to sell by itself does not create any interest or charge on the property. Ownership passes only upon execution of a conveyance (sale deed). An agreement to sell, even with possession, is not a conveyance and does not confer title or transfer interest, except for the limited right under Section 53-A for protection against the transferor.

Oct 26, 2025 sclaw

2025 INSC 1245 SUPREME COURT OF INDIA DIVISION BENCH ZOHARBEE AND ANOTHER Vs. IMAM KHAN (D) THR. LRS. AND OTHERS ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ.…

Bail Granted Cr P C

Criminal Procedure Code, 1973 (CrPC) — Suspension of Sentence — Bail Pending Appeal — Appellant incarcerated for over seven and a half years, appeal pending before High Court for years — Sufficient grounds exist for suspension of sentence and release on bail during appeal pendency — Order of High Court declining to suspend sentence set aside

Oct 26, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUNCHUN KHAN Vs. THE STATE OF BIHAR ( Before : Dipankar Datta and Augustine George Masih, JJ. ) Criminal Appeal No….of 2025 [Arising out…

You missed

Tenders & Contracts

Contract Law — Award of Tender — Judicial Review — High Court should exercise restraint when reviewing tender evaluation processes, especially in technical matters, unless there is clear evidence of mala fide, arbitrariness, or irrationality — A marginal difference in scores, as seen in this case, does not automatically warrant interference, especially when the owner has the right to accept or reject bids and the contract is already underway.

Mar 29, 2026 sclaw
Electricity Act

[Bombay Electricity Duty Act, 1958, S. 5A] – State Government can withdraw electricity duty exemptions, provided it’s reasonable, fair, and not arbitrary or discriminatory. [Bombay Electricity Duty Act, 1958, S. 5A] – Withdrawal of electricity duty exemption requires reasonable notice to industries structured around the concession.

Mar 29, 2026 sclaw
Acquittal

Criminal Procedure Code, 1973 (CrPC) — Sections 482 and 226 — Quashing of FIR and criminal proceedings — Allegations of dowry demand, cruelty, and assault resulting in miscarriage — Delay in lodging FIR — Vague and omnibus allegations without corroborating evidence — Inherent improbability of allegations — Abuse of process of law — The Supreme Court quashed the FIR and criminal proceedings against the appellants (sister-in-law and parents-in-law) leading to a miscarriage — The Court noted significant delay in lodging the FIR, vague and omnibus allegations without concrete evidence, and the inherent improbability of the accusations — The Court emphasized that general and sweeping accusations unsupported by evidence cannot form the basis for criminal prosecution and that the legal provisions should not be misused for personal vendetta or arm-twisting tactics — The Court relied on the principles laid down in State of Haryana vs Bhajan Lal, including cases where allegations are absurd or inherently improbable, or where the proceeding is maliciously instituted with ulterior motive — The Court also considered the age and career prospects of the accused, deeming it inexpedient and not in the interest of justice to allow the prosecution to continue against them.

Mar 29, 2026 sclaw
Rent State Laws

U.P. Urban Premises Rent Control Ordinance, 2021 — Section 21(2) — Eviction proceedings — Landlord-tenant relationship established and affirmed up to Supreme Court — Tenant’s subsequent restoration application before Rent Authority, challenging sale deed validity, was an abuse of process and overreaching court orders — Rent Authority’s order setting aside eviction was void for lack of jurisdiction, as title dispute is purview of Civil Court, not Rent Authority — Judicial discipline and adherence to law require subordinate authorities to follow higher court orders

Mar 29, 2026 sclaw