Supreme Court of India Judgements

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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.
Service Matters
Service

Constitution of India, 1950 – Article 142 – Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988 – Rule 6B – A candidate who is not eligible on the last date of submission of application cannot be treated to be eligible in the category of Ex-servicemen when the writ petitioners were in active service on the last date of submission of application forms

Mar 31, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJASTHAN PUBLIC SERVICE COMMISSION, AJMER AND ANOTHER — Appellant Vs. SHIKUN RAM FIRUDA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and…

Corporate

Electricity Supply Cannot Be Disconnected For Recovery Of Additional Demand Raised After Expiry Of Two Years Limitation Period HELD Section 56(2) however, does not preclude the licensee company from raising a supplementary demand after the expiry of the limitation period of two years. It only restricts the right of the licensee to disconnect electricity supply due to non-payment of dues after the period of limitation of two years has expired

Mar 31, 2020 sclaw

Electricity Supply Cannot Be Disconnected For Recovery Of Additional Demand Raised After Expiry Of Two Years Limitation Period: SC [Read Judgment] LIVELAW NEWS NETWORK 19 Feb 2020 2:31 PM The…

Matrimonial

Matrimonial Dispute – Petitioner has stated in her application that she is left homeless – Court are not entering into the merits of the rival contentions between the parties which will be heard at a future date – By way of an ad-hoc arrangement, This Court direct the respondent to pay a lump sum amount of Rs 4 lakhs to the petitioner on or before 31 March 2020.

Mar 30, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEELAM MANMOHAN ATTAVAR — Appellant Vs. MANMOHAN ATTAVAR (D) THR LRS. — Respondent ( Before : D.Y. Chandrachud and Surya Kant, JJ. ) I.A.…

Bail Granted

Penal Code, 1860 (IPC) -Sections 419, 420, 467, 468 and 471 – Allegation is that the appellant had sold the same flat to two persons – Continued custody of the appellant is not warranted – Charges have already been framed – Appellant has been in custody for over a year and three months – This Court direct that the appellant be released on bail

Mar 30, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KHURSHID KHAN — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Surya Kant, JJ. ) Criminal…

Environment

Registration of vehicles – As per the details of vehicles and chassis number filed by learned counsel, pursuant to this Court’s order, as they have already been purchased and are BS-IV compliant, as a one time measure they are ordered to be registered within ten days of lifting of lock-down in the city concerned,

Mar 30, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NORTH DELHI MUNICIPAL CORPORATION — Appellant Vs. GNCTD — Respondent ( Before : Arun Mishra and Deepak Gupta, JJ. ) Civil Appeal No(s). 4908-4909/2019…

Bail Granted

Bail – Humanitarian grounds – There is no member of the family who is available to look after the spouse of the applicant and she is presently in the care of domestic staff – Applicant’s spouse had undergone three invasive open heart cardiac surgeries in the past and that she suffers from other serious medical conditions – In the past, when the applicant was released on interim bail, he had complied with the conditions which were imposed by the Court and had returned to custody as directed

Mar 30, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUBRATA BHATTACHARYA — Appellant Vs. SECURITIES AND EXCHANGE BOARD OF INDIA AND OTHERS — Respondent ( Before : D.Y. Chandrachud and Surya Kant, JJ.…

Bail Granted

Penal Code, 1860 – Sections 420, 467, 468 and 471 – Grant of interim bail – Medical grounds – Applicant is a builder who is alleged to have defrauded nearly 1400 persons and to have collected an amount of over Rs 40 crores – Since the applicant has been in custody for over three and half years and has suffered from cancer for which he had to undergo surgery – It appropriate and proper to direct release of the applicant on interim bail for a period of six weeks

Mar 30, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AZAM KHAN — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : D.Y. Chandrachud and Surya Kant, JJ. ) I.A. No.47747/2020 in…

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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