Supreme Court of India Judgements

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Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character. Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS) Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible. Succession Act, 1925 — Sections 33, 35 and 38 — Hindu/Christian Succession — Applicability of S. 33 confined to property owned by deceased male; erroneous application by High Court set aside — Where property was purchased and registered in the joint names of two wives, the same is owned by them and not by the husband, notwithstanding that he provided the consideration — Section 33, which governs devolution on intestacy of a male’s property between his widow and lineal descendants, is not attracted to property never vested in the husband’s name — High Court’s application of S. 33 to the entirety of the suit property held misconceived.
Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.
Environment
Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)
Bhartiya Nagrik Suraksha Sanhita Cr P C
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)
Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.
Direct Taxation Income Tax Act
Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.
Bail Declined

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Absconding accused — General rule is that an absconder is not entitled to anticipatory bail, exception being when court is prima facie satisfied that no case is made out against the accused after perusing FIR, case diary, and other materials — Accused absconded for almost six and a half years, threatened victim, had criminal antecedents, and was not traceable — Acquittal of co-accused does not automatically entitle absconding accused to anticipatory bail, as prosecution is not expected to adduce evidence against absconding accused during trial of co-accused — Granting anticipatory bail to an absconding accused sets a bad precedent

Feb 22, 2026 sclaw

2026 INSC 157 SUPREME COURT OF INDIA DIVISION BENCH BALMUKUND SINGH GAUTAM Vs. STATE OF MADHYA PRADESH AND ANOTHER ( Before : J.B. Pardiwala and Vijay Bishnoi, JJ. ) Criminal…

Constitution

Essential Commodities Act, 1955 — Sections 3, 7 — Cement Control Order, 1967 — Maharashtra Cement (Licensing and Control) Order, 1973 — Decontrol of cement price and distribution from March 1, 1989 — Conviction for offences relating to cement contravention after decontrol — Unsustainable in law — Prosecution fundamentally unsustainable due to absence of operative control order on relevant date.

Feb 22, 2026 sclaw

2026 INSC 152 SUPREME COURT OF INDIA DIVISION BENCH MANOJ Vs. STATE OF MAHARASHTRA AND ANOTHER ( Before : B.V. Nagarathna and R. Mahadevan, JJ. ) Criminal Appeal No. 1630…

Constitution

Feb 22, 2026 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MARYAMAA JOSH AND OTHERS Vs. UNION OF INDIA AND OTHERS ( Before : Dipankar Datta and Satish Chandra Sharma, JJ. ) Writ Petition(s)(Civil) No(s).113/2026…

Cr P C

Criminal Procedure, 1973 — Section 197 — Sanction for prosecution — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 217 — Delay in granting sanction — High Court’s direction for deemed sanction if authority fails to decide within one month — Supreme Court notes that the earlier judgment in Dr. Subramanian Swamy vs. Manmohan Singh (2012) 3 SCC 64 does not support the concept of deemed sanction, and a Coordinate Bench had also rejected such an argument in Suneeti Toteja Vs. State of Uttar Pradesh (2025 SCC OnLine SC 433). Supreme Court finds it appropriate to refer the matter to a larger Bench due to persistent complaints of lethargy or apathy in granting sanction. The High Court’s direction on deemed sanction is stayed until further orders

Feb 22, 2026 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE Vs. M.MUNEER AHAMED AND ANOTHER ( Before : Dipankar Datta and Satish Chandra Sharma, JJ. )…

Bail Granted

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Dismissal of High Court application — Supreme Court intervention — Appellant aggrieved by denial of anticipatory bail by High Court — Supreme Court granted leave, set aside High Court order, and directed bail upon arrest, subject to appellant cooperating with investigation within legal limits.

Feb 22, 2026 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VINAY KUMAR GUPTA Vs. STATE OF MADHYA PRADESH ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Criminal Appeal No…of 2026 (Arising…

I P C

Penal Code, 1860 (IPC) — Sections 306 and 309 — Abetment of suicide and attempt to commit suicide — Suicide pact — Mutual encouragement and reciprocal commitment to die together — Survivor’s participation acts as a direct catalyst for the deceased’s actions — Psychological assurance or instigation, if intentional and directly related to the commission of offence, constitutes abetment — Each participant’s resolve to commit suicide is reinforced and strengthened due to the other’s participation — Suicide in a pact is conditional upon mutual participation — Assisting in ending life is a crime against the state.

Feb 22, 2026 sclaw

2026 INSC 160 SUPREME COURT OF INDIA DIVISION BENCH GUDIPALLI SIDDHARTHA REDDY Vs. STATE C.B.I. ( Before : Rajesh Bindal and Manmohan, JJ. ) Criminal Appeal No. 457 of 2012…

Evidence Act

Evidence Act, 1872 — Section 8 — Conduct of accused leading to discovery of facts — Even if statements leading to discovery are not admissible under Section 27 due to lack of custody, they can be admitted under Section 8 as conduct, serving as a link in the chain of evidence, but cannot alone result in conviction.

Feb 22, 2026 sclaw

2026 INSC 162 SUPREME COURT OF INDIA DIVISION BENCH ROHIT JANGDE Vs. THE STATE OF CHHATTISGARH ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Criminal Appeal No.689…

Bail Declined

Penal Code, 1860 (IPC) — Sections 406, 419, 420, 467, 468, 471, 506 — Cheating, Criminal Breach of Trust, Forgery — Bail — High Court order granting bail to accused set aside — Accused is a habitual offender with multiple aliases, fake IDs, and a history of absconding and non-cooperation with trial — Bail was granted on parity with co-accused, but this principle was misapplied without considering the accused’s individual conduct and criminal antecedents — Grant of bail poses a risk to society — Trial to be expedited.

Feb 22, 2026 sclaw

2026 INSC 161 SUPREME COURT OF INDIA DIVISION BENCH RAKESH MITTAL Vs. AJAY PAL GUPTA @ SONU CHAUDHARY AND ANOTHER ( Before : Sanjay Kumar and K. Vinod Chandran, JJ.…

Constitution

Societies Registration Act, 1860 — Societies formed for charitable purposes — Members of government service entitled to housing facilities through transparent allotment — The society, HEWO, formed for welfare of HUDA employees, not subject to Article 12 of the Constitution, but must adhere to principles of fairness and transparency in allotments as it enjoys privilege of land allotted by government.

Feb 22, 2026 sclaw

2026 INSC 163 SUPREME COURT OF INDIA DIVISION BENCH DINESH KUMAR Vs. THE STATE OF HARYANA AND OTHERS ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Civil…

I P C

Penal Code, 1860 (IPC) — Sections 307, 326, 324 — Conviction for causing life-threatening injuries — High Court reducing sentence to period already undergone and enhancing fine — Supreme Court held High Court acted in defiance of law and created a travesty of established criminal jurisprudence by relying on irrelevant factors like time elapsed and death of victim by other persons, without proper reasoning — Such reduction undermines the deterrent effect of punishment and erodes public confidence in the justice system.

Feb 22, 2026 sclaw

2026 INSC 164 SUPREME COURT OF INDIA DIVISION BENCH PARAMESHWARI Vs. THE STATE OF TAMIL NADU AND OTHERS ( Before : Rajesh Bindal and Vijay Bishnoi, JJ. ) Criminal Appeal…

You missed

Environment

Environment Law — Environmental Clearance — Prior clearance — Mandatory character — Prior environmental clearance under EIA Notification, 2006 is mandatory, being founded on the precautionary principle and couched in imperative terms — Word “prior” and the graded four-stage screening, scoping, public consultation and appraisal process render an anterior assessment the sine qua non of the clearance regime — Decriminalisation of contraventions under Jan Vishwas (Amendment of Provisions) Act, 2023 does not alter this mandatory character.

Aug 2, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)

Aug 2, 2026 sclaw
Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 44B — “Carriage” of passengers — Meaning and scope of — Cruise operations by non-resident shipping entity — Held, the word “carriage” under Section 44B cannot be restrictively construed to mean movement only from Port A to Port B. A round-trip cruise voyage, where passengers have the option to disembark at intermediate ports without compulsion to return to the originating port, constitutes carriage of passengers within the meaning of Section 44B. Provision of incidental on-board entertainment and hospitality does not alter the essential character of the activity as carriage of passengers.

Aug 2, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.

Aug 2, 2026 sclaw