Supreme Court of India Judgements

August 7, 2025 7:56 pm

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Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity. Evidence Act, 1872 — Section 35 — Relevancy of entries in public records — Entries made by public servants in discharge of official duty or by other persons in performance of a duty enjoined by law are relevant facts. — Family Register maintained under the U.P. Panchayat Raj Act, 1947, and Voters’ List are considered public records and public documents. — School records from a private, though government-recognized, school are not public documents, and the headmaster is not a public servant for the purposes of Section 35. Industrial Disputes Act, 1947 — Section 12(3) — Memorandum of Settlement — Binding nature — Clause 14 of 1979 settlement providing alternate employment for colour blind drivers held valid and enforceable despite subsequent 1986 settlement and policy circulars — 1986 settlement did not expressly supersede 1979 settlement and was general in nature, while 1979 settlement was specific to colour blindness and did not contain a termination clause, thus operating harmoniously. Criminal proceedings may be quashed if allegations, even when uncontroverted, fail to establish an offense, considering freedom of speech and assembly. Criminal proceedings can be quashed if a civil dispute is disguised as a criminal offense, indicating an abuse of process. Penal Code, 1860 (IPC) — Sections 419, 420, 467, 468, 471 — Cheating, Forgery, Using Forged Document — Abuse of process of law — Civil dispute disguised as criminal offence — Complaint filed after significant delay following dismissal of objections and failure to pursue civil remedies — Allegations of fabrication of will and circumvention of sale deed not prima facie made out — Continuation of proceedings would be an abuse of process and not serve ends of justice — High Court erred in refusing to quash — Order set aside and proceedings quashed.

Constitution

Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity.

Aug 5, 2025 sclaw

Evidence Act Juvenile Justice

Evidence Act, 1872 — Section 35 — Relevancy of entries in public records — Entries made by public servants in discharge of official duty or by other persons in performance of a duty enjoined by law are relevant facts. — Family Register maintained under the U.P. Panchayat Raj Act, 1947, and Voters’ List are considered public records and public documents. — School records from a private, though government-recognized, school are not public documents, and the headmaster is not a public servant for the purposes of Section 35.

Aug 5, 2025 sclaw

Constitution

Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity.

Aug 5, 2025 sclaw

Evidence Act Juvenile Justice

Evidence Act, 1872 — Section 35 — Relevancy of entries in public records — Entries made by public servants in discharge of official duty or by other persons in performance of a duty enjoined by law are relevant facts. — Family Register maintained under the U.P. Panchayat Raj Act, 1947, and Voters’ List are considered public records and public documents. — School records from a private, though government-recognized, school are not public documents, and the headmaster is not a public servant for the purposes of Section 35.

Aug 5, 2025 sclaw

Labour Cases

Industrial Disputes Act, 1947 — Section 12(3) — Memorandum of Settlement — Binding nature — Clause 14 of 1979 settlement providing alternate employment for colour blind drivers held valid and enforceable despite subsequent 1986 settlement and policy circulars — 1986 settlement did not expressly supersede 1979 settlement and was general in nature, while 1979 settlement was specific to colour blindness and did not contain a termination clause, thus operating harmoniously.

Aug 5, 2025 sclaw

I P C

Criminal proceedings may be quashed if allegations, even when uncontroverted, fail to establish an offense, considering freedom of speech and assembly.

Aug 1, 2025 sclaw

I P C

Criminal proceedings can be quashed if a civil dispute is disguised as a criminal offense, indicating an abuse of process. Penal Code, 1860 (IPC) — Sections 419, 420, 467, 468, 471 — Cheating, Forgery, Using Forged Document — Abuse of process of law — Civil dispute disguised as criminal offence — Complaint filed after significant delay following dismissal of objections and failure to pursue civil remedies — Allegations of fabrication of will and circumvention of sale deed not prima facie made out — Continuation of proceedings would be an abuse of process and not serve ends of justice — High Court erred in refusing to quash — Order set aside and proceedings quashed.

Aug 1, 2025 sclaw

Constitution

Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity.

Evidence Act Juvenile Justice

Evidence Act, 1872 — Section 35 — Relevancy of entries in public records — Entries made by public servants in discharge of official duty or by other persons in performance of a duty enjoined by law are relevant facts. — Family Register maintained under the U.P. Panchayat Raj Act, 1947, and Voters’ List are considered public records and public documents. — School records from a private, though government-recognized, school are not public documents, and the headmaster is not a public servant for the purposes of Section 35.

Labour Cases

Industrial Disputes Act, 1947 — Section 12(3) — Memorandum of Settlement — Binding nature — Clause 14 of 1979 settlement providing alternate employment for colour blind drivers held valid and enforceable despite subsequent 1986 settlement and policy circulars — 1986 settlement did not expressly supersede 1979 settlement and was general in nature, while 1979 settlement was specific to colour blindness and did not contain a termination clause, thus operating harmoniously.

I P C

Criminal proceedings may be quashed if allegations, even when uncontroverted, fail to establish an offense, considering freedom of speech and assembly.

Service

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross misconduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

Acquittal

(IPC) – Section 409 – Criminal breach of trust by public servant, or by banker, merchant or agent -‘criminal breach of trust’ is defined under Section 405 IPC which provides, inter alia, that whoever being in any manner entrusted with property or with any dominion over a property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property contrary to law, or in violation of any law prescribing the mode in which such trust is to be discharged, or contravenes any legal contract, express or implied, etc. shall be held to have committed criminal breach of trust

Consumer

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

Service

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

Constitution

Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity.

Evidence Act Juvenile Justice

Evidence Act, 1872 — Section 35 — Relevancy of entries in public records — Entries made by public servants in discharge of official duty or by other persons in performance of a duty enjoined by law are relevant facts. — Family Register maintained under the U.P. Panchayat Raj Act, 1947, and Voters’ List are considered public records and public documents. — School records from a private, though government-recognized, school are not public documents, and the headmaster is not a public servant for the purposes of Section 35.

Labour Cases

Industrial Disputes Act, 1947 — Section 12(3) — Memorandum of Settlement — Binding nature — Clause 14 of 1979 settlement providing alternate employment for colour blind drivers held valid and enforceable despite subsequent 1986 settlement and policy circulars — 1986 settlement did not expressly supersede 1979 settlement and was general in nature, while 1979 settlement was specific to colour blindness and did not contain a termination clause, thus operating harmoniously.

I P C

Criminal proceedings may be quashed if allegations, even when uncontroverted, fail to establish an offense, considering freedom of speech and assembly.

Corporate

Design Act, 2000 – Sections 19 and 22(4) – Revocation/Cancellation of Registration – Transfer of suit – Any application for cancellation of registration under Section 19 could be filed only before the Controller and not to the High Court

Dec 4, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH S.D. CONTAINERS INDORE — Appellant Vs. M/S. MOLD TEK PACKAGING LTD. — Respondent ( Before : L. Nageswara Rao, Hemant Gupta and Ajay Rastogi,…

Constitution

RBI Loan moratorium – HELD petitioner has expressed its satisfaction on the measures taken by the Government of India redressing grievances of the petitioner – Court dispose of the present writ petition with directions to the respondents to ensure that all steps be taken to implement the decision dated 23.10.2020 of the Government of India

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH GAJENDRA SHARMA — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.…

Bail Granted

Basic rule of criminal justice system is “bail, not jail”- Right to life and personal liberty- HELD the High Court should not foreclose itself from the exercise of the power when a citizen has been arbitrarily deprived of their personal liberty in an excess of state power.

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARNAB MANORANJAN GOSWAMI — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and Indira Banerjee,…

Education

Admission – Super Specialty Medical Courses – Reservation – This Court direct that the counselling for admission to Super Specialty Medical Courses for the academic year 2020-2021 shall proceed on a date to be fixed by the competent authority without providing for reservations to in-service doctors for the academic year 2020-2021

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH DR. PRERIT SHARMA AND OTHERS — Appellant Vs. DR. BILU B.S. & ORS. — Respondent ( Before : L. Nageswara Rao, Hemant Gupta and…

Service

Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and Other Conditions of Service of Members) Rules, 2020 – Advocates with experience of 10 years will be eligible for appointment as judicial members in tribunals – Members of Indian Legal Service will also be eligible for appointment as judicial members provided they fulfill same criteria as advocates.

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH MADRAS BAR ASSOCIATION — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : L. Nageswara Rao, Hemant Gupta and S. Ravindra…

Cr P C

(IPC) – Ss 34, 471, 468, 467, 420, 419 and 406 – Quashing of complaint – Criminal proceedings ought not to be scuttled at the initial stage – Quashing of a complaint should rather be an exception and a rarity than an ordinary rule.

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH SKODA AUTO VOLKSWAGEN INDIA PRIVATE LIMITED — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : S.A. Bobde, CJI.,…

Service

Rajasthan Commercial Taxes Subordinate Services (General Branch) Rules, 1975- HELD To forestall any apprehensions as to which of the appointees would be senior, and if those from the earlier process are appointed later, the proviso clarifies that candidates from the earlier process would rank senior

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANOHAR LAL JAT AND OTHERS ETC — Appellant Vs. THE STATE OF RAJASTHAN AND OTHERS ETC — Respondent ( Before : Indira Banerjee and…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 50 – Commercial Courts Act, 2015 – Section 13(1) – Foreign award – Enforcement of – A further appeal by a party aggrieved by an order of enforcement, even under the later enacted Commercial Courts Act, 2015 is not maintainable

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NOY VALLESINA ENGINEERING SPA, (NOW KNOWN AS NOY AMBIENTE S.P.A) — Appellant Vs. JINDAL DRUGS LIMITED AND OTHERS — Respondent ( Before : Indira…

Direct Taxation

I Tax Act, 1961 – S 40(a)(iib) – CoI, 1950 – Art 226 – VAT expenditure is not allowable as deduction – When the vires of S 40(a)(iib) of the I T Act were challenged, which can be decided by the High Court alone in exercise of powers under Art 226, the H C ought to have decided the issue with regard to vires of S 40(a)(iib) on merits, irrespective of the fact whether the matter was sub judice before the Income Tax Authority

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S TAMIL NADU STATE MARKETING CORPORATION LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash…

Cr P C

Supreme Court Rules – Order 39 – Except for compelling factors and clear situation of deprivation of fair justice, the transfer power should not be invoked – Present bunch of cases are not perceived to be amongst such exceptional categories

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA SINGLE BENCH JATINDERVEER ARORA AND OTHERS — Appellant Vs. STATE OF PUNJAB RESPONDENT — Respondent ( Before : Hrishikesh Roy, J. ) Transfer Petition (Criminal) No.…

You missed

Constitution

Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity.

Aug 5, 2025 sclaw

Evidence Act Juvenile Justice

Evidence Act, 1872 — Section 35 — Relevancy of entries in public records — Entries made by public servants in discharge of official duty or by other persons in performance of a duty enjoined by law are relevant facts. — Family Register maintained under the U.P. Panchayat Raj Act, 1947, and Voters’ List are considered public records and public documents. — School records from a private, though government-recognized, school are not public documents, and the headmaster is not a public servant for the purposes of Section 35.

Aug 5, 2025 sclaw

Labour Cases

Industrial Disputes Act, 1947 — Section 12(3) — Memorandum of Settlement — Binding nature — Clause 14 of 1979 settlement providing alternate employment for colour blind drivers held valid and enforceable despite subsequent 1986 settlement and policy circulars — 1986 settlement did not expressly supersede 1979 settlement and was general in nature, while 1979 settlement was specific to colour blindness and did not contain a termination clause, thus operating harmoniously.

Aug 5, 2025 sclaw

I P C

Criminal proceedings may be quashed if allegations, even when uncontroverted, fail to establish an offense, considering freedom of speech and assembly.

Aug 1, 2025 sclaw