Supreme Court of India Judgements

46830 Judgements hosted as on 05/08/2025 - Search (FREE), Subscribe, Read & Download

Top Tags

Latest Post

Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery. Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC. Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix. State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. Civil Procedure Code, 1908 — Section 80 — Notice to Government or public officer — Mandatory requirement before instituting suit — Failure to issue notice or obtain leave renders suit not maintainable and decree a nullity, even if impleaded later. Insolvency and Bankruptcy Code, 2016 — Section 62; Section 14(1)(d) — Appeal against NCLAT order setting aside NCLT order directing return of property — NCLT had directed return of property based on CoC decision that property not required by corporate debtor — NCLAT set aside NCLT order invoking Section 14(1)(d) barring recovery of property during CIRP — Supreme Court held that Section 14(1)(d) not applicable as CoC and Resolution Professional initiated the process for returning property due to financial burden of rentals, and not a simple recovery by owner — Commercial wisdom of CoC regarding non-retention of property given primacy — NCLAT order set aside, NCLT order restored.
Cr P C I P C

Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.

Aug 9, 2025 sclaw
Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery.
Education
Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery.
Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.
Cr P C I P C
Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.
Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.
I P C POCSO
Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.
State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. Civil Procedure Code, 1908 — Section 80 — Notice to Government or public officer — Mandatory requirement before instituting suit — Failure to issue notice or obtain leave renders suit not maintainable and decree a nullity, even if impleaded later.
C P C
State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. Civil Procedure Code, 1908 — Section 80 — Notice to Government or public officer — Mandatory requirement before instituting suit — Failure to issue notice or obtain leave renders suit not maintainable and decree a nullity, even if impleaded later.
Labour Cases

SC Gives Option To Establishments And Workers To Negotiate On Full Payment Of Wages, Regardless Of MHA Order HELD “No industry can survive without the workers. Thus employers and employee need to negotiate and settle among themselves. If they are not able to settle it among themselves, they need to approach the concerned labour authorities to sort the issues out”

Jun 13, 2020 sclaw

SC Gives Option To Establishments And Workers To Negotiate On Full Payment Of Wages, Regardless Of MHA Order [Read Order] LIVELAW NEWS NETWORK 12 Jun 2020 10:58 AM The Supreme…

Constitution

Amrapali : SC Asks Banks To Release Balance Funds To Homebuyers, Despite Accounts Being Declared NPAs HELD “We direct the banks and financial institutions to release loans to home buyers, whose loans have been sanctioned, notwithstanding the fact that their accounts are declared as NPAs. Let there be restructuring of the loan amount”.

Jun 10, 2020 sclaw

Amrapali : SC Asks Banks To Release Balance Funds To Homebuyers, Despite Accounts Being Declared NPAs [Read Order] LIVELAW NEWS NETWORK 10 Jun 2020 9:42 PM In a relief to…

Accident

Motor Accident – Rash and Negligent driving – Physical functional disability – Enhancement of compensation -Motor Accident – Rash and Negligent driving – Physical functional disability – Enhancement of compensation – HELD appellant is therefore held entitled to compensation for loss of future earning based on his 75% permanent physical functional disability recalculated with the salary of Rs.5,500/­with multiplier of 14 at Rs. 6,93,000/­.

Jun 10, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH SRI ANTHONY ALIAS ANTHONY SWAMY — Appellant Vs. THE MANAGING DIRECTOR, K.S.R.T.C. — Respondent ( Before : R.F. Nariman, Navin Sinha and B.R.…

Property Matters

Housing – Recovery of amount of interest – Noida and Greater Noida Authorities HELD A prayer made the authorities be given liberty to recover amount of interest from the builder at the contractually agreed rate under the lease deed – It was lastly and rightly pointed out that the Court can fix a reasonable rate of interest – Considering the present scenario, This Court feel that the aforesaid submission is justified

Jun 10, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH BIKRAM CHATTERJI AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Arun Mishra and Uday Umesh Lalit,…

Rent

COMPARATIVE HARDSHIP – LANDLORD vs TENANT :: Kerala Building (Lease and Rent Control) Act, 1965 – Section 11(8) – Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 – Section 13(2) – Eviction – Section 11(8) of the Kerala Rent Act is materially different from Section 13(2) of the Bombay Rent Act in that it does not provide for partial eviction if comparative hardship of a landlord and a tenant are to be weighed against each other.

Jun 8, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH ADDISSERY RAGHAVAN — Appellant Vs. CHERUVALATH KRISHNADASAN — Respondent ( Before : R.F. Nariman, Navin Sinha and B.R. Gavai, JJ. ) Civil Appeal Nos.…

Direct Taxation

Income Tax Act, 1961 – Section 80-O – Deduction – Income received in foreign exchange – Whether the income received by the appellants in foreign exchange, for the services provided by them to foreign enterprises, qualifies for deduction under Section 80-O of the Income Tax Act, 1961, as applicable during the respective assessment years from 1993-94 to 1997-98 – Held, NO. Appeal dismissed

Jun 7, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH RAMNATH AND COMPANY — Appellant Vs. THE COMMISSIONER OF INCOME TAX — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. )…

Limitation

Limitation Act, 1963 – Articles 2, 3, 22 and 113 – Civil Procedure Code, 1908 (CPC) – Order 7 Rules 11 an 11(d) – Rejection of plaint – Barred by law of limitation HELD having noticed from the averments in the plaint that the right to sue accrued to the appellant on receiving letter from the Senior Manager, dated 8.5.2002, and in particular letter dated 19.9.2002, and again on firm refusal by the respondents vide Advocate’s letter dated 23.12.2003 in response to the legal notice sent by the appellant on 28.11.2003; and once again on the follow up legal notice on 7.1.2005, the plaint filed in February, 2005 would be well within limitation – Appeal allowed.

Jun 7, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH SHAKTI BHOG FOOD INDUSTRIES LTD. — Appellant Vs. THE CENTRAL BANK OF INDIA AND ANOTHER — Respondent ( Before : A.M. Khanwilkar, Indira…

State Laws

Orissa Sales Tax Act, 1947 – Sections 5 and 5(2)(AA) – General Conditions of Contract – Clause 45.2 – Reimbursement of sales tax – Contractor company is rightfully entitled to claim reimbursement of the amount of sales tax levied on the taxable turnover of the works contracts executed by it.

Jun 7, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH STATE OF ORISSA — Appellant Vs. B. ENGINEERS & BUILDERS LTD. & ORS. — Respondent ( Before : A.M.Khanwilkar, Indira Banerjee and Dinesh…

You missed

Education

Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery.

Aug 9, 2025 sclaw
Cr P C I P C

Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.

Aug 9, 2025 sclaw
I P C POCSO

Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.

Aug 9, 2025 sclaw
C P C

State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. Civil Procedure Code, 1908 — Section 80 — Notice to Government or public officer — Mandatory requirement before instituting suit — Failure to issue notice or obtain leave renders suit not maintainable and decree a nullity, even if impleaded later.

Aug 9, 2025 sclaw