Supreme Court of India Judgements

47285Judgements hosted as on 19/07/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Top Tags

Latest Post

Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy. Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside. Railways Act, 1989 — Sections 123(c)(2) and 124A — Compensation on account of untoward incidents — ‘No-fault’ liability — Accidental falling of a passenger from a running train constitutes an “untoward incident” — Liability under S. 124A arises irrespective of wrongful act, neglect or default of the Railway Administration, subject only to statutory exceptions such as suicide, self-inflicted injury or the passenger’s own criminal act — Provision held to be beneficial and welfare-oriented in nature. Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed. Criminal Procedure Code, 1973 (CrPC) — Section 299 — Record of evidence in absence of accused — Scope and applicability — Exception to the rule that a witness must be examined in presence of the accused and to the principle under S. 33, Evidence Act — Being an exception, all prescribed conditions must be strictly complied with — Deposition recorded in absence of an absconding accused admissible against him upon arrest, if deponent is dead, incapable of giving evidence, cannot be found, or cannot be produced without unreasonable delay, expense or inconvenience.
Constitution

Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.

Jul 19, 2026 sclaw
I P C

Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside.

Jul 19, 2026 sclaw
Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.
Constitution
Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.
Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside.
I P C
Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside.
Railways Act, 1989 — Sections 123(c)(2) and 124A — Compensation on account of untoward incidents — ‘No-fault’ liability — Accidental falling of a passenger from a running train constitutes an “untoward incident” — Liability under S. 124A arises irrespective of wrongful act, neglect or default of the Railway Administration, subject only to statutory exceptions such as suicide, self-inflicted injury or the passenger’s own criminal act — Provision held to be beneficial and welfare-oriented in nature.
Railways Act
Railways Act, 1989 — Sections 123(c)(2) and 124A — Compensation on account of untoward incidents — ‘No-fault’ liability — Accidental falling of a passenger from a running train constitutes an “untoward incident” — Liability under S. 124A arises irrespective of wrongful act, neglect or default of the Railway Administration, subject only to statutory exceptions such as suicide, self-inflicted injury or the passenger’s own criminal act — Provision held to be beneficial and welfare-oriented in nature.
Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed.
I B C
Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed.
C P C

(CPC) – Order 23 Rule 3A – Bar to suit – A party to a consent decree based on a compromise to challenge the compromise decree on the ground that the decree was not lawful, i.e., it was void or voidable has to approach the same court, which recorded the compromise and a separate suit challenging the consent decree has been held to be not maintainable.

Jul 4, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH R. JANAKIAMMAL AND S.R. SOMASUNDARAM AND ANOTHER — Appellant Vs. S.K. KUMARASAMY(DECEASED) THROUGH LEGAL REPRESENTATIVES AND OTHERS — Respondent ( Before : Ashok Bhushan…

Constitution

Disaster Management Act, 2005 – Section 12(iii) – Ex gratia assistance on account of loss of life to the family members of the persons who died due to Covid-19 – Directions issued : (a) Authority to recommend guidelines for ex gratia assistance on account of loss of life to the family members of the persons who died due to Covid-19 (b) Simplified Procedure for Issuance of Death Certificates/Official Document – (c)

Jul 4, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH REEPAK KANSAL – WRIT PETITIONER Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ashok Bhushan And M.R. Shah, JJ. ) Writ…

Arbitration

(i) Whether the provisions of Indian Limitation Act, 1963 is applicable to arbitration proceedings initiated under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006 ?; HELD YES (ii) Whether, counter claim is maintainable in such arbitration proceedings ? HELD YES “MSMED Act, being a special Statute, will have an overriding effect vis-à-vis Arbitration and Conciliation Act, 1996, which is a general Act.”

Jun 30, 2021 sclaw

“18. With regard to first issue, namely, applicability of Limitation Act, 1963 to the arbitration proceedings initiated under provisions of Micro, Small and Medium Enterprises Development Act, 2006, we need…

Land Acquisition

Tamil Nadu State legislature had legislative competence to enact Tamil Nadu Land Acquisition Laws (Revival of Operation, Amendment and Validation) Act, 2019 and is not inconsistent with Article 254 of the Constitution of India. HELD “We hold the 2019 Act to be a legitimate legislative exercise and find it to be consistent with and within the four corners of Article 254 of the Constitution of India and also of the High Court judgment.”,

Jun 29, 2021 sclaw

State legislature had legislative competence to enact retrospective validating Act As regards the competency of legislature to enact a retrospective validating Act, the bench referred to precedents and noted the…

Constitution

HELD – Persons With Disabilities Have Right To Reservation In Promotions Siddaraju vs. State of Karnataka FOLLOWED Further HELD that the principle in Indra Sawhney & Others v. Union of India & Others – (1992) Supp. 3 SCC 215 against reservation in promotions will not extend to PWDs.

Jun 28, 2021 sclaw

The Supreme Court on Monday held that persons with physical disabilities have right to reservation in promotions also. A 2-judge bench comprising Justices Sanjay Kishan Kaul and R Subhash Reddy…

I P C

HELD “Thus, for covering an offence under Section 364A (IPC) , apart from fulfillment of first condition, the second condition, i.e., “and threatens to cause death or hurt to such person” also needs to be proved in case the case is not covered by subsequent clauses joined by “or”.”

Jun 28, 2021 sclaw

Issues framed by the Supreme Court The Supreme Court considered the following issues : I.What are the essential ingredients of Section3 46A to be proved beyond reasonable doubt by the…

You missed

Constitution

Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.

Jul 19, 2026 sclaw
I P C

Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside.

Jul 19, 2026 sclaw
Railways Act

Railways Act, 1989 — Sections 123(c)(2) and 124A — Compensation on account of untoward incidents — ‘No-fault’ liability — Accidental falling of a passenger from a running train constitutes an “untoward incident” — Liability under S. 124A arises irrespective of wrongful act, neglect or default of the Railway Administration, subject only to statutory exceptions such as suicide, self-inflicted injury or the passenger’s own criminal act — Provision held to be beneficial and welfare-oriented in nature.

Jul 19, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed.

Jul 19, 2026 sclaw