Supreme Court of India Judgements

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Penal Code, 1860 (IPC) — Section 302 read with 34, 148, and 341 — Murder —Appeal against reversal of acquittal — Appellate court’s duty in overturning acquittal — Trial court’s acquittal based on “imaginary and illusionary reasons” and misappreciation of evidence, including attributing undue significance to minor contradictions and perceived manipulation of delayed FIR submission, justifies reversal by High Court. (Paras 31, 45, 46, 52) Service Law — Central Industrial Security Force (CISF) Rules, 2001 — Rule 18(b) — Recruitment: Disqualification — Second Marriage — Rule 18(b) disqualifies a person who, having a spouse living, has entered into or contracted a marriage with another person from appointment to the Force — Respondent, a CISF Constable, was dismissed from service for marrying a second time while his first marriage subsisted, violating Rule 18(b) — Held, the rule is a service condition intended to maintain discipline, public confidence, and integrity in the Force, and is not a moral censure — The rule is clear and mandatory, and the maxim “dura lex sed lex” (the law is hard, but it is the law) applies — The statutory rule prescribing penal consequences must be strictly construed — Dismissal upheld. (Paras 2, 3, 7, 9) Penal Code, 1860 (IPC) — Section 366A, 372, 373, 34 — Immoral Traffic (Prevention) Act, 1956 (ITPA) — Section 3, 4, 5, 6 — Child Trafficking and Commercial Sexual Exploitation — Evidence of Minor Victim — Appreciation of Evidence — Concurrent findings of fact by Trial Court and High Court regarding conviction for procuring and sexually exploiting a minor victim upheld — Prosecution case substantially corroborated by testimony of minor victim (PW-13), decoy witness (PW-8), independent witness (PW-12), and recovery of incriminating articles — Minor contradictions in testimony (e.g., about forcible sexual intercourse causing injury, or apartment topography) do not vitiate the prosecution case, as the consistent version of the victim establishes procurement for sexual exploitation. (Paras 5, 6, 8, 9, 10, 12, 13) Criminal Procedure Code, 1973 (CrPC) — Section 439(2) — Cancellation of Bail — Annulment of Bail — Distinction — Cancellation of bail is generally based on supervening circumstances and post-bail misconduct; Annulment of an order granting bail is warranted when the order is vitiated by perversity, illegality, arbitrariness, or non-application of mind — High Court granted bail ignoring prior cancellation of bail due to commission of murder by accused (while on bail) of a key witness in the first case, and failed to consider the gravity of offenses (including under SC/ST (POA) Act) and threat to fair trial — Such omissions and reliance on irrelevant considerations (existence of civil dispute) render the bail order perverse and unsustainable, justifying annulment by the Supreme Court. (Paras 12, 12.1, 12.2, 12.4, 12.5) Environmental Law — Wildlife Protection and Conservation — Protection of Great Indian Bustard (GIB) and Lesser Florican (LF) — Conflict between conservation goals and green energy generation (solar/wind) — Supreme Court modified earlier blanket prohibition on overhead transmission lines based on Expert Committee recommendations to balance non-negotiable preservation of GIB with sustainable development and India’s international climate change commitments — Importance of domain expert advice in policy matters concerning conservation and infrastructure development affirmed. (Paras 6, 14, 15, 60, 61)
Service

Service Law — Central Industrial Security Force (CISF) Rules, 2001 — Rule 18(b) — Recruitment: Disqualification — Second Marriage — Rule 18(b) disqualifies a person who, having a spouse living, has entered into or contracted a marriage with another person from appointment to the Force — Respondent, a CISF Constable, was dismissed from service for marrying a second time while his first marriage subsisted, violating Rule 18(b) — Held, the rule is a service condition intended to maintain discipline, public confidence, and integrity in the Force, and is not a moral censure — The rule is clear and mandatory, and the maxim “dura lex sed lex” (the law is hard, but it is the law) applies — The statutory rule prescribing penal consequences must be strictly construed — Dismissal upheld. (Paras 2, 3, 7, 9)

Jan 1, 2026 sclaw
Penal Code, 1860 (IPC) — Section 302 read with 34, 148, and 341 — Murder —Appeal against reversal of acquittal — Appellate court’s duty in overturning acquittal — Trial court’s acquittal based on “imaginary and illusionary reasons” and misappreciation of evidence, including attributing undue significance to minor contradictions and perceived manipulation of delayed FIR submission, justifies reversal by High Court. (Paras 31, 45, 46, 52)
I P C
Penal Code, 1860 (IPC) — Section 302 read with 34, 148, and 341 — Murder —Appeal against reversal of acquittal — Appellate court’s duty in overturning acquittal — Trial court’s acquittal based on “imaginary and illusionary reasons” and misappreciation of evidence, including attributing undue significance to minor contradictions and perceived manipulation of delayed FIR submission, justifies reversal by High Court. (Paras 31, 45, 46, 52)
Service Law — Central Industrial Security Force (CISF) Rules, 2001 — Rule 18(b) — Recruitment: Disqualification — Second Marriage — Rule 18(b) disqualifies a person who, having a spouse living, has entered into or contracted a marriage with another person from appointment to the Force — Respondent, a CISF Constable, was dismissed from service for marrying a second time while his first marriage subsisted, violating Rule 18(b) — Held, the rule is a service condition intended to maintain discipline, public confidence, and integrity in the Force, and is not a moral censure — The rule is clear and mandatory, and the maxim “dura lex sed lex” (the law is hard, but it is the law) applies — The statutory rule prescribing penal consequences must be strictly construed — Dismissal upheld. (Paras 2, 3, 7, 9)
Service
Service Law — Central Industrial Security Force (CISF) Rules, 2001 — Rule 18(b) — Recruitment: Disqualification — Second Marriage — Rule 18(b) disqualifies a person who, having a spouse living, has entered into or contracted a marriage with another person from appointment to the Force — Respondent, a CISF Constable, was dismissed from service for marrying a second time while his first marriage subsisted, violating Rule 18(b) — Held, the rule is a service condition intended to maintain discipline, public confidence, and integrity in the Force, and is not a moral censure — The rule is clear and mandatory, and the maxim “dura lex sed lex” (the law is hard, but it is the law) applies — The statutory rule prescribing penal consequences must be strictly construed — Dismissal upheld. (Paras 2, 3, 7, 9)
Penal Code, 1860 (IPC) — Section 366A, 372, 373, 34 — Immoral Traffic (Prevention) Act, 1956 (ITPA) — Section 3, 4, 5, 6 — Child Trafficking and Commercial Sexual Exploitation — Evidence of Minor Victim — Appreciation of Evidence — Concurrent findings of fact by Trial Court and High Court regarding conviction for procuring and sexually exploiting a minor victim upheld — Prosecution case substantially corroborated by testimony of minor victim (PW-13), decoy witness (PW-8), independent witness (PW-12), and recovery of incriminating articles — Minor contradictions in testimony (e.g., about forcible sexual intercourse causing injury, or apartment topography) do not vitiate the prosecution case, as the consistent version of the victim establishes procurement for sexual exploitation. (Paras 5, 6, 8, 9, 10, 12, 13)
I P C
Penal Code, 1860 (IPC) — Section 366A, 372, 373, 34 — Immoral Traffic (Prevention) Act, 1956 (ITPA) — Section 3, 4, 5, 6 — Child Trafficking and Commercial Sexual Exploitation — Evidence of Minor Victim — Appreciation of Evidence — Concurrent findings of fact by Trial Court and High Court regarding conviction for procuring and sexually exploiting a minor victim upheld — Prosecution case substantially corroborated by testimony of minor victim (PW-13), decoy witness (PW-8), independent witness (PW-12), and recovery of incriminating articles — Minor contradictions in testimony (e.g., about forcible sexual intercourse causing injury, or apartment topography) do not vitiate the prosecution case, as the consistent version of the victim establishes procurement for sexual exploitation. (Paras 5, 6, 8, 9, 10, 12, 13)
Criminal Procedure Code, 1973 (CrPC) — Section 439(2) — Cancellation of Bail — Annulment of Bail — Distinction — Cancellation of bail is generally based on supervening circumstances and post-bail misconduct; Annulment of an order granting bail is warranted when the order is vitiated by perversity, illegality, arbitrariness, or non-application of mind — High Court granted bail ignoring prior cancellation of bail due to commission of murder by accused (while on bail) of a key witness in the first case, and failed to consider the gravity of offenses (including under SC/ST (POA) Act) and threat to fair trial — Such omissions and reliance on irrelevant considerations (existence of civil dispute) render the bail order perverse and unsustainable, justifying annulment by the Supreme Court. (Paras 12, 12.1, 12.2, 12.4, 12.5)
Bail Declined Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 439(2) — Cancellation of Bail — Annulment of Bail — Distinction — Cancellation of bail is generally based on supervening circumstances and post-bail misconduct; Annulment of an order granting bail is warranted when the order is vitiated by perversity, illegality, arbitrariness, or non-application of mind — High Court granted bail ignoring prior cancellation of bail due to commission of murder by accused (while on bail) of a key witness in the first case, and failed to consider the gravity of offenses (including under SC/ST (POA) Act) and threat to fair trial — Such omissions and reliance on irrelevant considerations (existence of civil dispute) render the bail order perverse and unsustainable, justifying annulment by the Supreme Court. (Paras 12, 12.1, 12.2, 12.4, 12.5)
Service Matters
Service

Motor Transport – Selection process is mandated due to the posts of Head Constable Motor Transport being highly technical – Rules are neither discriminatory nor arbitrary – Constable Drivers can be promoted on the basis of seniority to Head Constable Drivers – If they desire to be appointed as Head Constable Motor Transport, then they have to go through selection process –

Feb 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJESH KUMAR SINGH AND OTHERS — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : L. Nageswara Rao and…

Property Matters

U L (Ceiling & Reg) Repeal Act, 1999 – Ss 3(1)(a) and S 3(2) – Ownership and possession -There is nothing on record, that conclusively establishes possession of the suit property either by the Competent Authority or the Appellant herein. Given the conflicting averments made by the parties, this is a pure question of fact – Matter to be remitted to the D B of the Karnataka High Court to consider the case afresh.

Feb 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH U.A. BASHEER THROUGH G.P.A. HOLDER — Appellant Vs. STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : Mohan M. Shantanagoudar and Vineet Saran,…

C P C

Consent decree – Estoppel – It is well settled that consent decrees are intended to create estoppels by judgment against the parties, thereby putting an end to further litigation between the parties – A consent decree would not serve as an estoppel, where the compromise was vitiated by fraud, misrepresentation, or mistake

Feb 24, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMPACK ENTERPRISES INDIA PRIVATE LIMITED — Appellant Vs. BEANT SINGH — Respondent ( Before : Mohan M. Shantanagoudar and Vineet Saran, JJ. ) SLP…

Arbitration

Presence of an arbitration clause within a contract between a state instrumentality and a private party has not acted as an absolute bar to availing remedies under Article 226 – If the state instrumentality violates its constitutional mandate under Article 14 to act fairly and reasonably, relief under the plenary powers of the Article 226 of the Constitution would lie.

Feb 24, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNITECH LIMITED AND OTHERS — Appellant Vs. TELANGANA STATE INDUSTRIAL INFRASTRUCTURE CORPORATION (TSIIC) AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…

C P C

(CPC) – Section 89 – Tamil Nadu Court Fees and Suit Valuation Act, 1955 – Section 69A – Refund of Court fees – Settlement of disputes outside the Court – Parties who have agreed to settle their disputes without requiring judicial intervention under Section 89, CPC are even more deserving of this benefit.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE HIGH COURT OF JUDICATURE AT MADRAS REP. BY ITS REGISTRAR GENERAL — Appellant Vs. M.C. SUBRAMANIAM AND OTHERS — Respondent ( Before :…

I P C

Punishment of life imprisonment for remainder of natural life- It is true that the punishment of remainder of natural life could not have been imposed by the learned trial Judge but after looking into the entire case – It appropriate to confirm the sentence of imprisonment for life to mean the remainder of natural life while upholding the conviction under Section 302 IPC – Appeal dismissed.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GAURI SHANKAR — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Indu Malhotra and Ajay Rastogi, JJ. ) Criminal Appeal No. 135…

Education

Admission to MBBS Course – Equivalence certificate – substance of the eligibility requirement is the candidate should have qualified an intermediate level examination or first year of a graduate course, and studied the subjects of Physics, Chemistry and Biology at this level, along with practical testing and English – This subject matter requirement is at the heart of eligibility to be admitted into the medical course.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KALOJI NARAYANA RAO UNIVERSITY OF HEALTH SCIENCES — Appellant Vs. SRIKEERTI REDDI PINGLE AND OTHERS — Respondent ( Before : L. Nageswara Rao and…

You missed

I P C

Penal Code, 1860 (IPC) — Section 302 read with 34, 148, and 341 — Murder —Appeal against reversal of acquittal — Appellate court’s duty in overturning acquittal — Trial court’s acquittal based on “imaginary and illusionary reasons” and misappreciation of evidence, including attributing undue significance to minor contradictions and perceived manipulation of delayed FIR submission, justifies reversal by High Court. (Paras 31, 45, 46, 52)

Jan 1, 2026 sclaw
Service

Service Law — Central Industrial Security Force (CISF) Rules, 2001 — Rule 18(b) — Recruitment: Disqualification — Second Marriage — Rule 18(b) disqualifies a person who, having a spouse living, has entered into or contracted a marriage with another person from appointment to the Force — Respondent, a CISF Constable, was dismissed from service for marrying a second time while his first marriage subsisted, violating Rule 18(b) — Held, the rule is a service condition intended to maintain discipline, public confidence, and integrity in the Force, and is not a moral censure — The rule is clear and mandatory, and the maxim “dura lex sed lex” (the law is hard, but it is the law) applies — The statutory rule prescribing penal consequences must be strictly construed — Dismissal upheld. (Paras 2, 3, 7, 9)

Jan 1, 2026 sclaw
I P C

Penal Code, 1860 (IPC) — Section 366A, 372, 373, 34 — Immoral Traffic (Prevention) Act, 1956 (ITPA) — Section 3, 4, 5, 6 — Child Trafficking and Commercial Sexual Exploitation — Evidence of Minor Victim — Appreciation of Evidence — Concurrent findings of fact by Trial Court and High Court regarding conviction for procuring and sexually exploiting a minor victim upheld — Prosecution case substantially corroborated by testimony of minor victim (PW-13), decoy witness (PW-8), independent witness (PW-12), and recovery of incriminating articles — Minor contradictions in testimony (e.g., about forcible sexual intercourse causing injury, or apartment topography) do not vitiate the prosecution case, as the consistent version of the victim establishes procurement for sexual exploitation. (Paras 5, 6, 8, 9, 10, 12, 13)

Jan 1, 2026 sclaw
Bail Declined Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 439(2) — Cancellation of Bail — Annulment of Bail — Distinction — Cancellation of bail is generally based on supervening circumstances and post-bail misconduct; Annulment of an order granting bail is warranted when the order is vitiated by perversity, illegality, arbitrariness, or non-application of mind — High Court granted bail ignoring prior cancellation of bail due to commission of murder by accused (while on bail) of a key witness in the first case, and failed to consider the gravity of offenses (including under SC/ST (POA) Act) and threat to fair trial — Such omissions and reliance on irrelevant considerations (existence of civil dispute) render the bail order perverse and unsustainable, justifying annulment by the Supreme Court. (Paras 12, 12.1, 12.2, 12.4, 12.5)

Jan 1, 2026 sclaw