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)
Cr P C

(CrPC) – Ss 320, 320(2) &320(5) – (IPC) – S 324 – Custodial Death – A case where the accused who were police officers, one of them being in-charge of Station and other Senior Inspector have themselves brutally beaten the deceased, who died the same night – Their offences cannot be compounded by the Court in exercise of Section 320(2) read with sub-section (5).

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAVAT CHANDRA MOHANTY — Appellant Vs. THE STATE OF ODISHA AND ANOTHER — Respondent ( Before : Ashok Bhushan and Ajay Rastogi, JJ. )…

Constitution

Relief has been sought is (i) cancellation of all the agreements; (ii) refund of moneys to purchasers; and in the alternative (iii) ensuring that the construction is carried out and that the premises are handed over within a reasonable period of time -Entertaining a petition of this nature will involve the Court in virtually carrying out a day to day supervision of a building project

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UPENDRA CHOUDHURY — Appellant Vs. BULANDSHAHAR DEVELOPMENT AUTHORITY AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M. R. Shah, JJ.…

Environment

Kerala Private Forest (Vesting and Assignment) Act, 1971 – Section 8 – Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 -It is just and proper that even if the respondents are not compensated for the value of the land, they need to be compensated for the benefits arisen out of the lands for the period they were kept out of possession by action of the respondents, treating it to be vested land under Act, 1971

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH THE CONSERVATOR AND CUSTODIAN OF FOREST AND OTHERS — Appellant Vs. SOBHA JOHN KOSHY AND ANOTHER — Respondent ( Before : Ashok Bhushan, R.…

Service Matters
Service

Heart ailment – Section 2(i) of the Act takes into account visual disability, locomotor disability, mental illness, mental retardation, hearing impairment and leprosy – A heart ailment is not covered within the definition of disability in the Act – When the 1995 Act was replaced by the Rights of Persons with Disabilities Act, 2016,

Feb 16, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH NAWAL KISHORE SHARMA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy,…

Corporate

Societies Registration Act, 1860 – Sections 10 and 24 – Held, the appellants who are otherwise eligible to be enrolled as members of the Society in their own rights need not be denied of the same – They have a right to be considered for being admitted as members of the Society by the newly elected Managing Committee.

Feb 16, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SWATI ULHAS KERKAR AND OTHERS — Appellant Vs. SANJAY WALAVALKAR AND OTHERS — Respondent ( Before : A.M. Khanwilkar and S. Ravindra Bhat, JJ.…

Corporate

Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 – Regulations 18(15)(c) and 39(2)(a) – Winding up of mutual fund schemes – Consent of the unit holders would mean consent by majority of the unit holders who have participated in the poll, and not consent of majority of all the unit holders of the scheme.

Feb 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FRANKLIN TEMPLETON TRUSTEE SERVICES PRIVATE LIMITED AND ANOTHER — Appellant Vs. AMRUTA GARG AND OTHERS ETC — Respondent ( Before : S. Abdul Nazeer…

I P C

Injuries were inflicted without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken advantage or acted cruelly or unusually – Appellant has served more than 18years of his jail sentence – This Court convict the appellant for an offence under Section 304 Part I IPC and sentence him to the sentence already undergone

Feb 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PARDESHIRAM — Appellant Vs. STATE OF M.P. (NOW CHHATTISGARH) — Respondent ( Before : Hemant Gupta and S. Ravindra Bhat, JJ. ) Criminal Appeal…

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