Supreme Court of India Judgements

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Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside. Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed. Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire. Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms. Public Interest Litigation (PIL) — Environmental Protection — Monitoring Committee — Powers and Scope — A PIL was filed concerning environmental issues in Delhi, leading to the appointment of a Monitoring Committee. The Supreme Court clarified that the committee was appointed to prevent misuse of residential premises for commercial purposes and not to interfere with residential premises used as such. Their power was limited to making suggestions to a Special Task Force regarding encroachments on public land, not to summarily seal premises.
Acquittal

Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.

Nov 2, 2025 sclaw
Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.

Nov 2, 2025 sclaw
Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.
Acquittal
Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.
Cheque Dishonour
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.
Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.
General Insurance
Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.
Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.
Tenders
Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.
Service Matters
Service

Armed Forces Tribunal Act, 2007 – Section 34 – Transfer of pending cases – Whether an appeal against an order of a single judge of a High Court deciding a case related to an Armed Forces personnel pending before the High Court is required to be transferred to the Armed Forces Tribunal or should be heard by the High Court – Held, NO TRANSFER

Jan 9, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BALKRISHNA RAM — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Deepak Gupta And Aniruddha Bose, JJ. ) Civil Appeal…

Juvenile Justice

Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 2(33) – Penal Code, 1860 (IPC) – Section 304 – Juvenile Justice (Care and Protection of Children) Act, 2000 – Sections 2(k), 2(l), and 15 – Juvenile Justice Act, 1986 – Section 2(h) – Offences Prescribing Max Sentence Of More Than 7 Years But Not Providing Minimum Sentence Are Not ‘Heinous Offences’, But ‘Serious Offences’

Jan 9, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH SHILPA MITTAL — Appellant Vs. STATE OF NCT OF DELHI AND ANOTHER — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ.…

Will & Succession

Hindu Minority and Guardianship Act, 1956 – Natural Guardians – Section 6 and 8 – A Karta is the manager of the joint family property – He is not the guardian of the minor members of the joint family – What Section 6 of the Act provides is that the natural guardian of a minor Hindu shall be his guardian for all intents and purposes except so far as the undivided interest of the minor in the joint family property is concerned HELD In such an eventuality it would be the mother alone who would be the natural guardian and, therefore, the document executed by her cannot be said to be a void document

Jan 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M. ARUMUGAM — Appellant Vs. AMMANIAMMAL AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Deepak Gupta, JJ. ) Civil Appeal No.…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 17 – Interim measures ordered by arbitral tribunal – Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 – Section 3 – Works contract – Whether the Gujarat Public Works Contract Disputes Arbitration Tribunal constituted under Section 3 of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 has jurisdiction to make interim orders in terms of Section 17 of the Arbitration and Conciliation Act, 1996 – Held, YES

Jan 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF GUJARAT THROUGH CHIEF SECRETARY AND ANOTHER — Appellant Vs. AMBER BUILDERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ.…

Service Matters
Service

Canara Bank Officers and Employees (Discipline and Appeal) Regulations, 1976 – Regulation 4(h) – Discipline and Appeal Regulations, 1976 – Regulations 5 and 5(3) – Misconduct – Order of punishment – It is clear from the Regulation 5(3) that the Disciplinary Authority or any other authority higher than it, may impose any penalties specified in Regulation 4 on any officer employee

Jan 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CANARA BANK AND OTHERS — Appellant Vs. KAMESHWAR SINGH — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna, JJ. ) Civil Appeal…

Service Matters
Service

Service Law – Appointment under compassionate grounds – Family pension – Appeal against HELD Basic principles applicable to the cases of compassionate employment, i.e., succor being provided at the stage of unfortunate demise, coupled with compassionate employment not being an alternate method of public employment

Jan 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDIAN BANK AND OTHERS — Appellant Vs. PROMILA AND ANOTHER — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Civil…

Service Matters
Service

Service Law – Termination – Benefit of arrears of salary, seniority and continuity, arrears of salary and related benefits HELD the petitioner should be reinstated, and at the same time, the pay fixation order should ensure that the period of absence which would otherwise be treated as dies non is ignored for the purpose of fixation and fitment of salary alone – The order can also expressly state that the benefit of arrears of salary would not accrue to the petitioner

Jan 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANGILAL KAJODIA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : R.F. Nariman and S. Ravindra Bhat, JJ. ) Writ…

Cheque Dishonour

Negotiable Instruments Act, 1881 – Section 138 – Dishonour of cheque – Suspension of sentence: Section 148 Has Retrospective Application, But 143A Is Prospective HELD non-compliance of the condition can very well hold that the suspension of sentence stands vacated due to non-compliance

Jan 8, 2020 sclaw

NI Act: Section 148 Has Retrospective Application, But 143A Is Prospective, Reiterates SC [Read Judgment] Ashok Kini 8 Jan 2020 4:57 PM The Supreme Court has reiterated that Section 148…

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Acquittal

Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.

Nov 2, 2025 sclaw
Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.

Nov 2, 2025 sclaw
General Insurance

Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.

Nov 2, 2025 sclaw
Tenders

Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.

Nov 2, 2025 sclaw