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)
Corporate

DRAT – Waiver of pre deposit – In all cases fifty per cent of the decretal amount i.e. the debt due is to be deposited before the DRAT as a mandatory requirement, but in appropriate cases for reasons to be recorded the deposit of at least twenty five per cent of the debt due would be permissible, but not entire waiver.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH KOTAK MAHINDRA BANK PRIVATE LIMITED — Appellant Vs. AMBUJ A. KASLIWAL AND OTHERS — Respondent ( Before : S. A. Bobde, CJI, A. S.…

Education

Permission for establishment of new Medical College – Gross deficiencies found -No action has been taken to improve the situation – State Government is directed to rectify all the deficiencies that have been pointed out by the MCI at the earliest and make an application for renewal of permission for admission of the second batch of MBBS students for the academic year 2021-2022.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DUMKA MEDICAL COLLEGE, DUMKA AND ANOTHER — Appellant Vs. BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA AND ANOTHER — Respondent (…

Environment

Forest (Conservation) Act, 1980 – Section 2 – Restriction on the dereservation of forests or use of forest land for non-forest purpose – Relief of diversion of small extents of forest land for the purpose of carrying out certain public welfare projects – Some of the reliefs sought by the State of Himachal Pradesh can be straight away granted and some other reliefs can be granted subject to certain clearances

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH IN RE: T.N. GODAVARMAN THIRUMULPAD — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S.A. Bobde, CJI, A.S. Bopanna and…

I P C

Dacoity with murder – Reduction in sentence – – the accused shall undergo 22 years of compulsory imprisonment – Accused still young about 38 years of age – He may improve his conduct after coming from jail – Maintaining the conviction under Sections 396 and 307 read with Section 34 of the IPC – reduce the sentence to 22 years actual imprisonment .

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHIVALINGA @ SHIVALINGAYYA — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Mohan M. Shantanagoudar and Vineet Saran, JJ. ) Criminal Appeal…

C P C

(CPC) – Orders 21 Rule 92 and Orders 21 Rule 94 – Once the sale is confirmed and the sale certificate has been issued in favour of the purchaser, the same shall become final.Appeal against the decree passed with the consent of the parties shall be barred.No suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful.

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH H.S. GOUTHAM — Appellant Vs. RAMA MURTHY AND ANOTHER ETC — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.…

Will & Succession

Succession Act, 1925 – Section 273(b) – Partition suit – Transfer of – Virtue of Proviso (b) of Section 273 of the Indian Succession Act, 1925, any letters of administration granted by the District Court, Saket cannot have effect in other States unless the value of the property affected by the grant and located beyond the limits of the State, does not exceed Rs.10,000/.

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA SINGLE BENCH RAVINDER NATH AGARWAL — Appellant Vs. YOGENDER NATH AGARWAL AND OTHERS — Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition (Civil) No.…

Corporate

Trade Marks Act, 1999 – S 85 and 87 – In the absence of any member, the chairperson may, if the occasion so arises, act as technical or judicial member – Section 87 enables a vice-chairperson, or as the case may be the senior-most member of the board to act as chairperson in the event of a vacancy to that position

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH THE INTERNATIONAL ASSOCIATION FOR PROTECTION OF INTELLECTUAL PROPERTY (INDIA GROUP) — Appellant Vs. UNION OF INDIA — Respondent ( Before : L. Nageswara Rao,…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 12 – Time limit for arbitral award – Appointment of the Sole Arbitrator is subject to the declarations made under Section 12 of the Arbitration and Conciliation Act, 1996 (as amended) Parties are directed to approach the Indian Council of Arbitration within a period of 2 weeks to fix the date of the arbitral proceedings.

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL HIGHWAYS AUTHORITY OF INDIA — Appellant Vs. M/S. PROGRESSIVE CONSTRUCTION LIMITED — Respondent ( Before : Indu Malhotra and Ajay Rastogi, JJ. )…

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