Supreme Court of India Judgements

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Service Law — Disciplinary proceedings post-superannuation — Where service regulations permit continuation of disciplinary proceedings initiated before superannuation, they can be concluded thereafter — Punishment of reduction in pay scale can be implemented by computing pension based on the reduced salary. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Summoning order based on complaint allegations lacking specific details of copyright infringement and without application of mind by Magistrate — Superior Court’s duty to examine proceedings for being frivolous, vexatious, or malicious — Held, allegations in complaint were bald and unsubstantiated, failing to disclose similarity between film and script. Insolvency and Bankruptcy Code, 2016 (IBC) — Section 31(1) — Corporate Insolvency Resolution Process (CIRP) — Resolution Plan — “Clean Slate” Principle — Effect of Approval — Claims not part of resolution plan stand extinguished — No affirmative relief can be granted for such claims — Division Bench judgment set aside. Forest (Conservation) Act, 1980 — Section 2 — Forest land — Deemed forest — Master Plan — Statutory plan prevails over subsequent growth of vegetation — Land earmarked for project under an approved Master Plan, which was not forest land at the time of the plan’s inception, cannot subsequently be declared as forest or deemed forest thereby overriding the Master Plan’s statutory force. Prevention of Corruption Act, 1988 read with Bihar Special Courts Act, 2009 (BSCA) — Confiscation proceedings against family members of a deceased public servant — Death of the public servant during pendency of appeal — Whether confiscation proceedings can continue against the family members — Held, the BSCA provides for specific circumstances for return of confiscated property, namely, modification/annulment by High Court or acquittal by Special Court — The Act does not provide for abatement of proceedings upon death of the public servant, especially when family members were also put to notice — proceedings against family members cannot be automatically set aside due to the death of the public servant, and appeals should be decided on merits.
Service Law — Disciplinary proceedings post-superannuation — Where service regulations permit continuation of disciplinary proceedings initiated before superannuation, they can be concluded thereafter — Punishment of reduction in pay scale can be implemented by computing pension based on the reduced salary.
Service
Service Law — Disciplinary proceedings post-superannuation — Where service regulations permit continuation of disciplinary proceedings initiated before superannuation, they can be concluded thereafter — Punishment of reduction in pay scale can be implemented by computing pension based on the reduced salary.
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Summoning order based on complaint allegations lacking specific details of copyright infringement and without application of mind by Magistrate — Superior Court’s duty to examine proceedings for being frivolous, vexatious, or malicious — Held, allegations in complaint were bald and unsubstantiated, failing to disclose similarity between film and script.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Summoning order based on complaint allegations lacking specific details of copyright infringement and without application of mind by Magistrate — Superior Court’s duty to examine proceedings for being frivolous, vexatious, or malicious — Held, allegations in complaint were bald and unsubstantiated, failing to disclose similarity between film and script.
Insolvency and Bankruptcy Code, 2016 (IBC) — Section 31(1) — Corporate Insolvency Resolution Process (CIRP) — Resolution Plan — “Clean Slate” Principle — Effect of Approval — Claims not part of resolution plan stand extinguished — No affirmative relief can be granted for such claims — Division Bench judgment set aside.
I B C
Insolvency and Bankruptcy Code, 2016 (IBC) — Section 31(1) — Corporate Insolvency Resolution Process (CIRP) — Resolution Plan — “Clean Slate” Principle — Effect of Approval — Claims not part of resolution plan stand extinguished — No affirmative relief can be granted for such claims — Division Bench judgment set aside.
Forest (Conservation) Act, 1980 — Section 2 — Forest land — Deemed forest — Master Plan — Statutory plan prevails over subsequent growth of vegetation — Land earmarked for project under an approved Master Plan, which was not forest land at the time of the plan’s inception, cannot subsequently be declared as forest or deemed forest thereby overriding the Master Plan’s statutory force.
Environment
Forest (Conservation) Act, 1980 — Section 2 — Forest land — Deemed forest — Master Plan — Statutory plan prevails over subsequent growth of vegetation — Land earmarked for project under an approved Master Plan, which was not forest land at the time of the plan’s inception, cannot subsequently be declared as forest or deemed forest thereby overriding the Master Plan’s statutory force.
Corporate

Foreign Exchange Regulation Act, 1973 – Sections 8(3), 8(4) and 68 – Imposition of penalty – Plea of the appellant that he was part-time, non-executive Director not in charge of the conduct of business of the Company at the relevant time was erroneously discarded by the authorities and the High Court HELD present is a case where the liability has been fastened on the appellant without there being necessary basis for any such conclusion.

Jul 27, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH SHAILENDRA SWARUP — Appellant Vs. THE DEPUTY DIRECTOR, ENFORCEMENT DIRECTORATE — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ. )…

Property Matters

Adverse Possession – The Special Courts and Tribunals, indisputably are entitled to determine any question or issue including the question of title or possession in the proceedings initiated before it–Special Courts and the Tribunal not only have trappings of a court but also of a civil court and, thus, are entitled to determine complicated questions of title

Jul 26, 2020 sclaw

2009(2) LAW HERALD (SC) 1045 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Asok Kumar Ganguly The Hon’ble Mr. Justice R.M.…

Electricity Act

Whether the Tribunal has jurisdiction to decide the question as to the validity of the Regulations framed by the CERC–Matter referred to larger bench–Electricity Act, 2003, Section 121–Electricity Regulatory Commission Act, 1998, Section 27–Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006.   

Jul 26, 2020 sclaw

2009(2) LAW HERALD (SC) 1037 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice…

Cr P C

Quashing–High Court ordinarily would not exercise its inherent jurisdiction to quash a criminal proceeding and, in particular, a First Information Report unless the allegations contained therein, even if given face value and taken to be correct in their entirety, disclosed no cognizable offence.

Jul 26, 2020 sclaw

2009(2) LAW HERALD (SC) 1032 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. 417 of…

Cr P C

High Court has not indicated any basis or reason for exercising jurisdiction under Section 482 of the Code–The application was disposed of in a casual manner–order of the High Court is clearly indefensible and is, accordingly, set aside–Criminal Procedure Code, 1973, Section 482–Penal Code, 1860, Section 406 and 498-A.

Jul 26, 2020 sclaw

2009(2) LAW HERALD (SC) 1016 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. 450…

You missed

Service

Service Law — Disciplinary proceedings post-superannuation — Where service regulations permit continuation of disciplinary proceedings initiated before superannuation, they can be concluded thereafter — Punishment of reduction in pay scale can be implemented by computing pension based on the reduced salary.

Mar 22, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Summoning order based on complaint allegations lacking specific details of copyright infringement and without application of mind by Magistrate — Superior Court’s duty to examine proceedings for being frivolous, vexatious, or malicious — Held, allegations in complaint were bald and unsubstantiated, failing to disclose similarity between film and script.

Mar 22, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 31(1) — Corporate Insolvency Resolution Process (CIRP) — Resolution Plan — “Clean Slate” Principle — Effect of Approval — Claims not part of resolution plan stand extinguished — No affirmative relief can be granted for such claims — Division Bench judgment set aside.

Mar 22, 2026 sclaw
Environment

Forest (Conservation) Act, 1980 — Section 2 — Forest land — Deemed forest — Master Plan — Statutory plan prevails over subsequent growth of vegetation — Land earmarked for project under an approved Master Plan, which was not forest land at the time of the plan’s inception, cannot subsequently be declared as forest or deemed forest thereby overriding the Master Plan’s statutory force.

Mar 22, 2026 sclaw