Supreme Court of India Judgements

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Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy. Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside. Railways Act, 1989 — Sections 123(c)(2) and 124A — Compensation on account of untoward incidents — ‘No-fault’ liability — Accidental falling of a passenger from a running train constitutes an “untoward incident” — Liability under S. 124A arises irrespective of wrongful act, neglect or default of the Railway Administration, subject only to statutory exceptions such as suicide, self-inflicted injury or the passenger’s own criminal act — Provision held to be beneficial and welfare-oriented in nature. Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed. Criminal Procedure Code, 1973 (CrPC) — Section 299 — Record of evidence in absence of accused — Scope and applicability — Exception to the rule that a witness must be examined in presence of the accused and to the principle under S. 33, Evidence Act — Being an exception, all prescribed conditions must be strictly complied with — Deposition recorded in absence of an absconding accused admissible against him upon arrest, if deponent is dead, incapable of giving evidence, cannot be found, or cannot be produced without unreasonable delay, expense or inconvenience.
Constitution

Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.

Jul 19, 2026 sclaw
I P C

Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside.

Jul 19, 2026 sclaw
Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.
Constitution
Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.
Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside.
I P C
Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside.
Railways Act, 1989 — Sections 123(c)(2) and 124A — Compensation on account of untoward incidents — ‘No-fault’ liability — Accidental falling of a passenger from a running train constitutes an “untoward incident” — Liability under S. 124A arises irrespective of wrongful act, neglect or default of the Railway Administration, subject only to statutory exceptions such as suicide, self-inflicted injury or the passenger’s own criminal act — Provision held to be beneficial and welfare-oriented in nature.
Railways Act
Railways Act, 1989 — Sections 123(c)(2) and 124A — Compensation on account of untoward incidents — ‘No-fault’ liability — Accidental falling of a passenger from a running train constitutes an “untoward incident” — Liability under S. 124A arises irrespective of wrongful act, neglect or default of the Railway Administration, subject only to statutory exceptions such as suicide, self-inflicted injury or the passenger’s own criminal act — Provision held to be beneficial and welfare-oriented in nature.
Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed.
I B C
Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed.
I P C

(IPC) – Ss 201, 302 506-B – Gruesome murder of two of his siblings and one nephew – Conversion of death sentence to life imprisonment for a period of 30 years — It cannot therefore be said that there is no possibility of the appellant being reformed and rehabilitated foreclosing the alternative option of a lesser sentence and making imposition of death sentence imperative – This Court convert the sentence imposed on the appellant from death to life – Death sentence awarded to the appellant is converted to life imprisonment for a period of 30 years:

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH BHAGCHANDRA — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. ) Criminal…

Acquittal

(IPC) – 120A, 120B, 107 and 109 – P C Act, 1988 – S 13(1)(e) r/with S 13(2) – Disproportionate Assets- no allegation of a legal act being done in an illegal manner – Therefore, the alleged offence under Section 120-B IPC against the respondent is also not made out from the charge-sheet – Terms of both the chargesheet and the final report, Respondent is not involved with the money trail or the transaction for the purchase of the property which was acquired by A-1, according to the prosecution – It is a fact that not only is the investigation complete, depositions of prosecution witnesses too have been recorded – There cannot be any question of introducing any further evidence – Appeal dismissed.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE BY S.P. THROUGH THE SPE CBI — Appellant Vs. UTTAMCHAND BOHRA — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat,…

Consumer

Consumer Protection Act, 1986 – Section 2(g) – Mediclaim policy – Deficiency in service – Failure to disclose changes in policy conditions at time of renewal of the policy – Insurer was clearly under a duty to inform the policy holders about the limitations which it was imposing in the policy renewed – Its failure to inform the policy holders resulted in deficiency of service.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA SINGLE BENCH JACOB PUNNEN AND ANOTHER — Appellant Vs. UNITED INDIA INSURANCE CO. LIMITED — Respondent ( Before : S. Ravindrabhat, J. ) Civil Appeal No.…

Customs & Excise

IMP : Central Excise Act, 1944 Section 35L(1)(b) – HELD allegation of wilful suppression, I find no merit given that this was not the allegation or scope of the Show-Cause Notices issued. Moreover, the representations sent by the Indian Bank Association to the Joint Secretary, TRU, Central Board of Excise and Customs confirm that there was a lack of clarity with regards to the method of payment of this tax, for which there was an ongoing dialogue between the banking institutions and Central Government, negating any claims of “wilful suppression”. One cannot also be oblivious of the fact that the position of law, was in a state of flux, at the relevant period. Hence, and in view of the reasons given above, the present case does not warrant remand to the Tribunal, and this dispute should, in my opinion, stand finally concluded at this stage.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA SINGLE BENCH COMMISSIONER OF GST AND CENTRAL EXCISE — Appellant Vs. M/S CITI BANK N.A — Respondent ( Before : K.M Joseph, J. ) Civil Appeal…

Service Matters
Service

Uttar Pradesh Government Servants Seniority Rules, 1991 – Rule 5 and 8 – Challenge to seniority – It is well settled that impleadment of a few of the affected employees would be sufficient compliance of the principle of joinder of parties and they could defend the interest of all affected persons in their representative capacity – Non-joining of all the parties cannot be held to be fatal

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH AJAY KUMAR SHUKLA AND OTHERS — Appellant Vs. ARVIND RAI AND OTHERS — Respondent ( Before : Dr. D.Y. Chandrachud, Vikram Nath and B.V.…

Land Acquisition

Land Acquisition Act, 1894 – Section 18 – Acquisition of Land – Compensation – Suppression of material facts -appellants have not disclosed the filing of the suit and its dismissal and also the dismissal of the appeal against the judgment of the civil court, the appellants have to be non-suited on the ground of suppression of material facts – They have not come to the court with clean hands and they have also abused the process of law – Therefore, they are not entitled for the extraordinary, equitable and discretionary relief.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRI K. JAYARAM AND OTHERS — Appellant Vs. BANGALORE DEVELOPMENT AUTHORITY AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari,…

Constitution

HELD we are of the view that in order to curtail the pendency before the High Courts and for speedy disposal of the appeals concerning payment of compensation to the victims of road accident, it would be just and proper to consider constituting ‘Motor Vehicle Appellate Tribunals’ by amending Section 173 of the Motor Vehicles Act so that the appeals challenging the award of a Tribunal could be filed before the Appellate Tribunal so constituted. The Registry is directed to send a copy of this Judgement to the Secretary, Department of Justice, Ministry of Law and Justice, forthwith.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RASMITA BISWAL AND OTHERS — Appellant Vs. DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED AND ANOTHER — Respondent ( Before : S. Abdul Nazeer and…

Accident

In National Insurance Company Limited v. Pranay Sethi and Others, (2017) 16 SCC 680, this Court has awarded a total sum of Rs.70,000/- under conventional heads, namely, loss of estate, loss of consortium and funeral expenses – The said Judgment of the Constitution Bench was pronounced in the year 2017. Therefore, the claimants are entitled to 10% enhancement. Rs.16,500/- is awarded towards loss of estate and conventional expenses and Rs.44,000/- is awarded towards spousal consortium. Thus, the total compensation payable to the claimants is Rs.31,01,000 – Appeal disposed of.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RASMITA BISWAL AND OTHERS — Appellant Vs. DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED AND ANOTHER — Respondent ( Before : S. Abdul Nazeer and…

Service Matters
Service

Industrial Disputes Act, 1947 – Section 11A – Misconduct – Conductor not issue tickets to 17 passengers -The initiation of criminal proceedings against an employee or not initiating the proceedings has no bearing to prove misconduct in departmental proceedings – Order of removal from service cannot be said to be unfair and unjust in any manner which would warrant an interference at the hands of the Tribunal and the High Court – Appeal allowed.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION — Appellant Vs. GAJADHAR NATH — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Dowry Death

A sweeping statement has been made that the husband and in-laws of the deceased had inflicted cruelty or it has been stated that the husband and his mother had done so, without specifying their roles – However, the said evidence would be sufficient to hold the appellant No.1 guilty but same would be insufficient to hold the appellant No.2 guilty – Conviction and sentence imposed on the appellant No.1 is affirmed, while the conviction and sentence imposed on the appellant No.2 is set aside – Appeal allowed in part.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH KULJIT SINGH AND ANOTHER — Appellant Vs. THE STATE OF PUNJAB — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hima Kohli,…

You missed

Constitution

Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.

Jul 19, 2026 sclaw
I P C

Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside.

Jul 19, 2026 sclaw
Railways Act

Railways Act, 1989 — Sections 123(c)(2) and 124A — Compensation on account of untoward incidents — ‘No-fault’ liability — Accidental falling of a passenger from a running train constitutes an “untoward incident” — Liability under S. 124A arises irrespective of wrongful act, neglect or default of the Railway Administration, subject only to statutory exceptions such as suicide, self-inflicted injury or the passenger’s own criminal act — Provision held to be beneficial and welfare-oriented in nature.

Jul 19, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed.

Jul 19, 2026 sclaw