Supreme Court of India Judgements

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Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well. Kerala Agricultural Income Tax Act, 1991 — Section 12 — Set-off of losses — Accumulated losses of amalgamating company cannot be set-off against income of amalgamated company as it had not suffered the losses itself. Hindu Marriage Act, 1955 — Section 13B — Divorce by Mutual Consent — Settlement agreement reached in mediation — Wife withdrew consent before Second Motion for divorce — Held, while ordinarily consent can be withdrawn, when a settlement agreement has been entered into for full and final settlement of disputes, it is not open for a party to resile from its terms without demonstrating fraud, force, or undue influence — Wife failed to prove her allegations of fraud or compulsion by Husband, and her claims about substantial jewelry not mentioned in the settlement were unsubstantiated and raised suspicion due to delayed assertion — Held, wife’s withdrawal of consent was not justified. Arbitration and Conciliation Act, 1996 — Section 36 — Enforcement of Consent Award — Construction of compromise deed and consent award — Promoters undertook to defend proceedings and ensure no liability recovered from Appellants by any forum — Deposit of an amount by Appellants to prevent execution of award against their properties constituted a liability that triggered Promoters’ obligation under the consent award — High Court erred in deferring enforceability of consent award until final confirmation by the highest court of appeal — Appeal allowed, impugned judgment set aside. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings by High Court — High Court quashed FIR and proceedings at a nascent stage when Magistrate had merely directed investigation under Section 156(3) CrPC — Sale deeds relied upon by accused were examined by High Court, treating them as determinative of the dispute, and criminal proceedings were quashed on the ground that the dispute was predominantly civil in nature and sale deeds were not cancelled under Section 31 of the Specific Relief Act, 1963 — Such exercise by High Court was beyond the permissible scope of scrutiny in a petition under Section 482 CrPC, as it involved delving into defence material and adjudicating disputed questions of fact, which is the domain of investigation and trial — This approach stifled the investigative process and ran contrary to well-settled principles — High Court fell into error.
Corruption

Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well.

Apr 15, 2026 sclaw
Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well.
Corruption
Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well.
Kerala Agricultural Income Tax Act, 1991 — Section 12 — Set-off of losses — Accumulated losses of amalgamating company cannot be set-off against income of amalgamated company as it had not suffered the losses itself.
State Laws
Kerala Agricultural Income Tax Act, 1991 — Section 12 — Set-off of losses — Accumulated losses of amalgamating company cannot be set-off against income of amalgamated company as it had not suffered the losses itself.
Hindu Marriage Act, 1955 — Section 13B — Divorce by Mutual Consent — Settlement agreement reached in mediation — Wife withdrew consent before Second Motion for divorce — Held, while ordinarily consent can be withdrawn, when a settlement agreement has been entered into for full and final settlement of disputes, it is not open for a party to resile from its terms without demonstrating fraud, force, or undue influence — Wife failed to prove her allegations of fraud or compulsion by Husband, and her claims about substantial jewelry not mentioned in the settlement were unsubstantiated and raised suspicion due to delayed assertion — Held, wife’s withdrawal of consent was not justified.
Matrimonial
Hindu Marriage Act, 1955 — Section 13B — Divorce by Mutual Consent — Settlement agreement reached in mediation — Wife withdrew consent before Second Motion for divorce — Held, while ordinarily consent can be withdrawn, when a settlement agreement has been entered into for full and final settlement of disputes, it is not open for a party to resile from its terms without demonstrating fraud, force, or undue influence — Wife failed to prove her allegations of fraud or compulsion by Husband, and her claims about substantial jewelry not mentioned in the settlement were unsubstantiated and raised suspicion due to delayed assertion — Held, wife’s withdrawal of consent was not justified.
Arbitration and Conciliation Act, 1996 — Section 36 — Enforcement of Consent Award — Construction of compromise deed and consent award — Promoters undertook to defend proceedings and ensure no liability recovered from Appellants by any forum — Deposit of an amount by Appellants to prevent execution of award against their properties constituted a liability that triggered Promoters’ obligation under the consent award — High Court erred in deferring enforceability of consent award until final confirmation by the highest court of appeal — Appeal allowed, impugned judgment set aside.
Arbitration
Arbitration and Conciliation Act, 1996 — Section 36 — Enforcement of Consent Award — Construction of compromise deed and consent award — Promoters undertook to defend proceedings and ensure no liability recovered from Appellants by any forum — Deposit of an amount by Appellants to prevent execution of award against their properties constituted a liability that triggered Promoters’ obligation under the consent award — High Court erred in deferring enforceability of consent award until final confirmation by the highest court of appeal — Appeal allowed, impugned judgment set aside.
Constitution

Medical Council of India Regulations, 2000 – Regulation 9 – Power to make any provision for reservation, for in service candidates in Post Graduate Medical Course – Medical Council of India which has been constituted under the provisions of the Indian Medical Council Act, 1956 is the creature of the statute in exercise of powers under Entry 66 List I and has no power to make any provision for reservation

Sep 1, 2020 sclaw

  SUPREME COURT OF INDIA CONSTITUTION BENCH TAMIL NADU MEDICAL OFFICERS ASSOCIATION AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Arun Mishra, Indira…

Contempt

Tweets against CJI – Guilty of contempt – Act committed by the contemnor is a very serious one – The Court do not take cognizance of such conduct it will give a wrong message to the lawyers and litigants throughout the country – However, by showing magnanimity, instead of imposing any severe punishment, The Court is sentencing the contemnor with a nominal fine of Re. 1/ (Rupee one).

Aug 31, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH IN RE: PRASHANT BHUSHAN AND ANOTHER ( Before : Arun Mishra, B.R. Gavai and Krishna Murari, JJ. ) Suo Motu Contempt Petition (Criminal)…

Corporate

Finance Act, 1994 – Section 65(105)(zzzzj) – Payment of service tax – Business of distributing natural gas – Supply of pipes and measuring equipment – HELD SKID equipment fulfils the description in Section 65(105)(zzzzj) of a taxable service: service in relation “tangible goods” where the recipient of the service has use (without possession or effective control) of the goods – Appeal allowed.

Aug 29, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH COMMISSIONER OF SERVICE TAX, AHMEDABAD — Appellant Vs. M/S ADANI GAS LIMITED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Indu Malhotra…

Environment

HELD The Registration Certificate of vehicles which do not possess a valid PUC Certificate shall be forthwith suspended and/or cancelled, and penal measures initiated against the owner and/or the person(s) in possession and/or control of the offending vehicle, in accordance with law.

Aug 29, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. CENTRE FOR ENVIRONMENT PROTECTION RESEARCH AND DEVELOPMENT AND OTHERS — Respondent ( Before : Arun Mishra…

Cr P C

(CrPC) – Ss 372 and 377 – (IPC) – Ss 364A and 34 – Kidnapping for ransom – Enhancement of sentence -It is fairly well settled that the remedy of appeal is creature of the Statute. – State Government to prefer appeal for inadequate sentence under Section 377, Cr.PC but similarly no appeal can be maintained by victim under Section 372, Cr.PC on the ground of inadequate sentence.

Aug 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH PARVINDER KANSAL — Appellant Vs. THE STATE OF NCT OF DELHI AND ANOTHER — Respondent ( Before : Ashok Bhushan and R. Subhash…

Cr P C

(CrPC) – S 357(3) – Release of compensation – Police officers have illegally detained complainant’s son in connection with a theft case and he was tortured in the police lock up and succumbed to the injuries – Appellant herein who is the father of the victim is relentlessly pursuing the matter from last more than a decade -Instead of ordering release of compensation to the appellant at this stage – It appropriate to request the High Court for expeditious disposal of the Case – Appeal dismissed.

Aug 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH DALBIR SINGH — Appellant Vs. STATE OF NCT OF DELHI AND ANOTHER ETC. — Respondent ( Before : Ashok Bhushan and R. Subhash…

Education

IMP : Disaster Management Act, 2005 – Section 71 and 72 – Jurisdiction – Students cannot be promoted without exams – State Governments or State Disaster Management Authority in exercise of power under Disaster Management Act, 2005 has no jurisdiction to take a decision that the students of final year/terminal students should be promoted on the basis of earlier year assessment and internal assessment

Aug 28, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH PRANEETH K AND OTHERS — Appellant Vs. UNIVERSITY GRANTS COMMISSION (UGC) AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy…

Environment

Non-Supply of fuel to vehicles without PUC Certificate – Appeal against – Tribunal had no power and/or authority and/or jurisdiction to pass orders directing the Appellant State Government to issue orders, instructions or directions on dealers, outlets and petrol pumps not to supply fuel to vehicles without PUC Certificate – Appeal allowed.

Aug 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. CENTRE FOR ENVIRONMENT PROTECTION RESEARCH AND DEVELOPMENT AND OTHERS — Respondent ( Before : Arun Mishra…

You missed

Corruption

Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well.

Apr 15, 2026 sclaw
State Laws

Kerala Agricultural Income Tax Act, 1991 — Section 12 — Set-off of losses — Accumulated losses of amalgamating company cannot be set-off against income of amalgamated company as it had not suffered the losses itself.

Apr 15, 2026 sclaw
Matrimonial

Hindu Marriage Act, 1955 — Section 13B — Divorce by Mutual Consent — Settlement agreement reached in mediation — Wife withdrew consent before Second Motion for divorce — Held, while ordinarily consent can be withdrawn, when a settlement agreement has been entered into for full and final settlement of disputes, it is not open for a party to resile from its terms without demonstrating fraud, force, or undue influence — Wife failed to prove her allegations of fraud or compulsion by Husband, and her claims about substantial jewelry not mentioned in the settlement were unsubstantiated and raised suspicion due to delayed assertion — Held, wife’s withdrawal of consent was not justified.

Apr 15, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 36 — Enforcement of Consent Award — Construction of compromise deed and consent award — Promoters undertook to defend proceedings and ensure no liability recovered from Appellants by any forum — Deposit of an amount by Appellants to prevent execution of award against their properties constituted a liability that triggered Promoters’ obligation under the consent award — High Court erred in deferring enforceability of consent award until final confirmation by the highest court of appeal — Appeal allowed, impugned judgment set aside.

Apr 15, 2026 sclaw